On Nov. 26, the Tennessee Supreme Court imposed censures on Shelby County lawyers John Michael Bailey and Mark Anthony Lambert, both with the law firm of John Michael Bailey Injury Lawyers. The court found that the law firm was hired by a client for a personal injury matter. Lambert filed a complaint in federal court and included his law partner’s name when Bailey was not admitted to practice in that court. Neither Bailey nor Lambert filed a motion for pro hac vice admission and neither attended the initial case management conference or responded to a show cause order why the matter should not be dismissed. Their actions were determined to violate Rules of Professional Conduct 1.3, 3.2, 3.4 and 8.4(d).

The Tennessee Supreme Court reinstated two lawyers to the active practice of law on Nov. 24. Davidson County lawyer Emily Claire Foster was reinstated after being on inactive status since Dec. 5, 2017. Michigan lawyer Brian Robert Leibrandt was reinstated after being on inactive status since May 10, 2012. The Board of Professional Responsibility determined that both of their reinstatement petitions were satisfactory and that reinstatement was appropriate.

The Tennessee Supreme Court on Nov. 21 suspended 18 attorneys for failure to pay the annual registration fee, 12 of whom also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. Lawyers reinstated in the last month include two suspended this year, one suspended in 2021, one suspended in 2020 and one suspended in 2019. Access all administrative suspensions dating back to 2005.

The Tennessee Supreme Court on Nov. 21 suspended Maury County lawyer James Michael Marshall from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court found that while representing a client, Marshall submitted a factually inaccurate pleading, then failed to correct the error and failed to reasonably communicate with his client regarding the error. Marshall entered a conditional guilty plea and acknowledged his conduct violated Tennessee Rules of Professional Conduct, 1.1, 1.3, 1.4, 3.2, 8.1(b) and 8.4(a).

On Nov. 21, the Tennessee Supreme Court suspended Davidson County lawyer Robert Joseph Turner from the practice of law for one year, with 30 days to be served on active suspension and the remainder on probation subject to Turner engaging a practice monitor. Turner was retained to represent a client in a civil matter. During the pending litigation, at least five separate associates employed by Turner were assigned to handle the litigation, although he remained counsel of record. Over a four year period, Turner, or an associate assigned to the matter who Turner was supervising, failed to appear for hearings on multiple occasions, missed multiple deadlines and failed to comply with orders to contact the court. In dismissing the matter, the trial court cited Turner’s failure to properly represent his client and comply with court orders. Turner agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional 1.3 and 5.1.

Rutherford County lawyer Mark Stephen Moore received a public censure from the Tennessee Supreme Court on Nov. 21. The court found that Moore entered the area of the Rutherford County Probate Court containing probate files and, without permission or authority from the clerk or court, removed one file and a portion of a second file. While the file was in his possession, he also placed two documents in the file not properly filed with the court. When the clerk contacted him later the same day to inquire about the removed file and documents, Moore initially denied his conduct. The following day, he admitted his conduct and returned all probate files or related documents in his possession. Neither removal of the files nor adding material to the files had any impact on any probate proceedings. Moore agreed to a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 4.1 and 8.4(c).

Montgomery County lawyer Edward Kendall White was resintated to the practice of law on Nov. 20. The Tennessee Supreme Court suspended White on Nov. 12 for failing to respond to the Board of Professional Responsibility about a complaint of misconduct. On Nov. 18, White filed a petition for dissolution of the suspension, arguing he had responded to the complaint and had complied with all conditions imposed. The board confirmed that it received a response that it deemed sufficient.

The Tennessee Supreme Court recently referred the cases of two Wilson County lawyers to the Board of Professional Responsibility for “whatever action” it may deem warranted. The first referral involves Christopher William Beauchamp, who was convicted of one count of driving under the influence and sentenced to seven days of incarceration and 11 months and 29 days of probation. The second referral involves Lawrence Alan Poindexter, who was convicted of one count of driving under the influence and was sentenced to 48 hours of incarceration and 11 months and 29 days of supervised probation.

Davidson County lawyer Sarah Jean Orellana was reinstated to the practice of law on Nov. 13 after being on inactive status for more than five years. She had been placed on inactive status on March 2, 2009. The Tennessee Supreme Court found that her petition for reinstatement was satisfactory.

The Tennessee Supreme Court suspended Jeremy Ryan Durham from the practice of law on Nov. 14 after he was convicted of felony reckless endangerment, a serious crime as defined by Tennessee Supreme Court Rule 9, Section 2. Durham also was convicted of four non-serious crimes: one count of driving under the influence, one count of driving under the influence per se, one count of resisting arrest, and one count of possession of drug paraphernalia. The court referred the case to the Board of Professional Responsibility for a determination of final discipline to be imposed.