TBA Law Blog


Posted by: Julia Wilburn on Apr 13, 2026

On April 13, the Board of Professional Responsibility of the Tennessee Supreme Court censured Cumberland County attorney Margaret Jane Powers. Powers agreed to represent a client in probating an estate. Her usual practice was to charge a security retainer and obtain the client’s signature on a fee agreement confirming that the retainer was nonrefundable. Due to an inadvertent office error, no fee agreement was signed by the client. After undertaking the representation, Powers delayed in taking action for the client. After being discharged, she declined to refund the unearned portion of her security retainer despite being aware that no fee agreement had been signed by the client providing that the fee was nonrefundable. Powers also delayed in returning prepaid litigation expenses to the client. The court found that Powers violated Rules of Professional Conduct 1.3, 1.5(f), 1.15 and 1.16(d).