REINSTATED 

North Carolina lawyer Brian Keith Leonard was reinstated to the practice of law in Tennessee on May 20. He had been placed on inactive status more than five years ago, on Feb. 11, 2019. The Board of Professional Responsibility reported that it found the petition for reinstatement to be satisfactory.

The Tennessee Supreme Court reinstated Anderson County lawyer Robert Mike Sain to the practice of law effective May 9. The court issued notice of the reinstatement on May 13. The court previously had asked Sain to satisfy outstanding obligations with the Tennessee Commission on Continuing Legal Education, which he now has done. Sain was placed on inactive status more than five years ago, on Feb. 17, 2005.

Shelby County lawyer Alisha Irene Wyatt was reinstated to the practice of law on May 14 after being on inactive status for more than five years. The Board of Professional Responsibility found that Wyatt’s petition for reinstatement was satisfactory. The court issued the order on May 16.

DISABILITY INACTIVE 

The Tennessee Supreme Court transferred the law license of Sumner County lawyer Loretta Madeline Calvert to disability inactive status on May 13. Calvert may not practice law while on inactive status but may seek reinstatement by showing that the disability has been removed.

The Tennessee Supreme Court transferred the law license of Sullivan County lawyer John Sidney McLellan III to disability inactive status on May 13. McLellan may not practice law while on inactive status but may seek reinstatement by showing that the disability has been removed.

The Tennessee Supreme Court transferred the law license of Georgia lawyer James Darren McWilliams to disability inactive status on May 21. McWilliams may not practice law while on inactive status but may petition the court to return to the practice of law by showing the disability has been removed.

DISCIPLINARY 
Disbarred 

The Tennessee Supreme Court permanently disbarred McMinn County attorney Joseph Houston Crabtree Jr. from the practice of law on May 16. The court determined that in a personal injury matter, Crabtree abandoned his client and pending litigation, failed to respond to subsequent communications from his client and failed to turn over the client’s file to successor counsel. Further, when Crabtree was suspended from the practice of law on Nov. 22, 2022, for an unrelated matter, he failed to notify either his client or opposing counsel of the suspension. Finally, the court found that Crabtree failed to respond to the Board of Professional Responsibility regarding the disciplinary complaints. His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.16, 3.2, 3.4(c), 8.1(b) and 8.4(g).

The Tennessee Supreme Court permanently disbarred Davidson County lawyer James Daniel Marshall from the practice of law on May 20. The court also ordered Marshall to pay $2,000 in restitution to a former client and return all property taken from her within 30 days. The court took the action based on two complaints. The court found that Marshall failed to communicate with his clients, respond to multiple motions filed against his clients, comply with a court order requiring response, submit timely discovery responses, preserve client property, participate in court-scheduled conference calls, move his clients’ cases forward, and respond to disciplinary investigations. He also was found to have caused a client’s lawsuit to be dismissed with prejudice. According to the court, Marshall’s actions violated Tennessee Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.15, 3.2, 3.4, 8.1, and 8.4(a), (b), (c), (d) and (g).

The Tennessee Supreme Court permanently disbarred Hamilton County lawyer Alan Christopher Norton from the practice of law on June 4. The court reports that Norton consented to disbarment because he could not successfully defend himself against the disciplinary charges. The court found that Norton forged a chancellor’s signature on three court orders, forged the name of a Tennessee attorney on a fake motion, and forged a deposition transcript he provided to his client. These actions violated Rules of Professional Conduct 1.4, 8.4(b) and 8.4(c). The court had suspended him temporarily on Dec. 16, 2024, finding that he posed a threat of substantial harm to the public.

The Tennessee Supreme Court permanently disbarred Knox County lawyer Melvin Jacob Werner from the practice of law on May 19. The court took the action based on two separate complaints of ethical misconduct and after finding that Werner committed fraud; made false representations of fact; knowingly violated Massachusetts law by engaging in unlawful, unfair or deceptive acts or practices; misled a client to induce her into entering a fraudulent investment agreement, resulting in a loss to the client of $650,000.00; misappropriated and converted client funds without the client’s knowledge or consent; impermissibly commingled client and personal funds; and made knowing misrepresentations of fact to his client. These actions were determined to violate Tennessee Rules of Professional Conduct 1.15 and 8.4(c).

Suspended 

The Tennessee Supreme Court suspended Hamilton County lawyer Arthur C. Grisham Jr. from the practice of law for five years on May 13. The court took the action based on complaints from two clients that he failed to reasonably communicate with clients regarding the status of their case; act in a diligent manner; expedite clients’ litigation; abide by court orders; provide required information to successor attorneys; and safeguard client funds. He also charged unreasonable fees and abused his position as an executor by withdrawing estate funds without court order, which caused estate insolvency. Grisham agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 3.2, 3.4 and 8.4. The court also imposed a condition on any future reinstatement, requiring Grisham to pay restitution to the clients. Also, following any reinstatement, he must use a practice monitor for one year.

The Tennessee Supreme Court suspended Knox County lawyer Linn Marie Guerrero from the practice of law on May 16 for five years, with two years to be served on active suspension and the remainder on probation with conditions. During the probation period, Guerrero must engage a practice monitor and pay all costs and expenses of the disciplinary proceeding. The court took the action based on five separate complaints of misconduct. It found that Guerrero engaged in conduct that involved significant conflicts of interest between clients in adverse positions, entered into fee agreements without client authorization, charged excessive and unreasonable fees unsupported by billing records, and abused her fiduciary relationship. Guerrero also failed to reasonably communicate with or diligently represent clients, failed to protect clients’ interests after withdrawing and abandoned client matters without returning the clients’ property or otherwise protecting their interests. Guerrero agreed to a conditional guilty plea acknowledging she violated Tennessee Rules of Professional Conduct 1.2, 1.3, 1.4, 1.5, 1.7, 1.8, 1.9, 1.16, 3.2 and 8.4(c) and (d).

The Tennessee Supreme Court suspended California attorney Dale Gerard Nowicki from the practice of law in Tennessee for two years, with 90 days to be served on active suspension and the remainder on probation with certain conditions. The court took the action on May 13 after the Supreme Court of California imposed the same discipline on Jan. 6. The Tennessee court made the action retroactive to the date of the California order.

Effective May 27, the Tennessee Supreme Court suspended Shelby County lawyer Archie Sanders III from the practice of law for one year, with two months to be served on active suspension and the remainder on probation subject to conditions. The court found that while handling a probate matter, Sanders unreasonably delayed filing the petition to probate, unreasonably delayed seeking partition of certain real property in the estate, failed to communicate reasonably with his clients and failed to properly conclude representation of the clients. In a separate matter involving litigation with an insurance company, the court found Sanders failed to communicate reasonably with his clients, diligently perform the necessary work and reasonably expedite the litigation. Sanders executed a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.16, 3.2 and 8.4(d). During the probation period, he must engage a practice monitor to assess his caseload, case management, timeliness of performing tasks and adequacy of communication with clients. The monitor is to provide a monthly written report to the Board of Professional Responsibility.

Censured 

The Tennessee Supreme Court issued a public censure for Williamson County lawyer Daniel Olen Barham on March 20. The court found that Barham violated Rules of Professional Conduct 3.4 and 8.4(d) when he failed to timely notify the trial court, a custodian appointed to oversee his finances, and opposing counsel of the receipt of an asset subject to court injunction. The Supreme Court also found that Barham should have asked the court’s permission to deposit the proceeds into his trust account.

Hamilton County lawyer Zachery Steven Darnell received a public censure from the Tennessee Supreme Court on March 10. The court found that Darnell violated Rules of Professional Conduct 3.4 and 8.4(d) when he failed to timely notify the trial court, a custodian appointed to oversee his finances, and opposing counsel of the receipt of an asset subject to court injunction. The Supreme Court also found that Darnell should have asked the court’s permission to deposit the proceeds into his trust account. The Supreme Court released notice of the censure on April 29.

Davidson County lawyer Luvell Leigh Glanton received a public censure from the Tennessee Supreme Court on April 30. The court found that Glanton violated Rules of Professional Conduct 5.3 and 8.4(d) when he instructed his paralegal to appear in his stead at a case management conference. The paralegal did not disclose that he was not an attorney and was perceived by the Special Master and opposing counsel to be an attorney. The court also found that Glanton failed to supervise his paralegal and allowed the paralegal to hold himself out in an attorney’s capacity. The action was determined to be prejudicial to the administration of justice and required that the case management order later be vacated.

Knox County lawyer Roger David Hyman received a public censure from the Tennessee Supreme Court on April 28. The court found that Hyman violated Rules of Professional Conduct 1.2 and 1.4 when he failed to promptly communicate with opposing counsel his client’s desire to withdraw from a divorce settlement. The court found that Hyman also failed to take any other action to protect his client’s interests, causing his client potential injury. Hyman executed a conditional guilty plea acknowledging his conduct violated the rules.

TENNessee Lawyers’ fund for client protection

The Tennessee Lawyers’ Fund for Client Protection on May 29 paid a claim filed against Knox County attorney Melvin Jacob Werner in the amount of $100,000. On June 16, the fund paid a $3,500 claim filed against Knox County lawyer Gary Lee Anderson and a $17,609.40 claimed filed against Shelby County lawyer George Skouteris Jr. All three were directed to reimburse the fund for the claims paid.

The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

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. |||