TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 17, 2019
News Type: BPR Actions

The Tennessee Supreme Court suspended 22 attorneys yesterday for failure to pay the annual registration fee and/or file proof that client funds are being held in an IOLTA-compliant account. See the list of all lawyers suspended for fee and IOLTA violations in 2019 or access all administrative suspensions. View the fee suspension order or the IOLTA suspension order.

Posted by: Stacey Shrader Joslin on Oct 16, 2019
News Type: BPR Actions

The Tennessee Supreme Court today transferred the law license of Hamilton County lawyer William Lloyd Stanley Jr. to disability inactive status. He may not practice law while on inactive status but may petition the court for reinstatement by showing clear and convincing evidence that the disability has been removed, and he is fit to resume the practice of law.

Posted by: Stacey Shrader Joslin on Oct 16, 2019
News Type: BPR Actions

James Douglas Mory, an attorney licensed to practice law in Kentucky and Tennessee, received a public censure today from the Tennessee Supreme Court. The court notes that his license was suspended on Aug. 22, 2018, for noncompliance with continuing education requirements but that Mory engaged in the unauthorized practice of law by continuing to represent his Tennessee clients. The court found his actions violated Rule 5.5 of the Rules of Professional Conduct.

Posted by: Stacey Shrader Joslin on Oct 16, 2019
News Type: BPR Actions

Bedford County lawyer Christopher Paul Westmoreland was suspended today for nine months, with one month to be served on active suspension and the remainder to be served on probation. The Tennessee Supreme Court found that while representing a client injured in an accident, Westmoreland filed the complaint after the statute of limitations had expired, resulting in dismissal of the case. In addition, while representing a client appealing a general sessions judgment to circuit court, the Supreme Court found that Westmoreland failed to appear at mediation and trial, and failed to notify his client of the date, time and location of the trial. Westmoreland admitted to violating Rules of Professional Conduct 1.1, 1.3, 1.4, 3.4(c) and 8.4(a) and (d).

Posted by: Kate Prince on Oct 15, 2019
News Type: BPR Actions

Shelby County lawyer Randy N. Songstad was censured today after the Tennessee Supreme Court found that he held over $350 in personal funds in his trust account, resulting in a commingling of funds. Several months later, Songstad deposited over $11,000 of earned fees into trust because he did not have an operating account, resulting in the further commingling of client funds and personal funds. These actions were determined to violate Rules of Professional Conduct 1.15 (safekeeping funds). 

Posted by: Stacey Shrader Joslin on Oct 14, 2019
News Type: BPR Actions

The Tennessee Supreme Court today suspended Shelby County lawyer Gail Ostby Mathes for two years, with six months to be served on active suspension and 18 months to be served on probation. The court conditioned the probation time on Mathes paying restitution to three former clients. The court considered multiple complaints against Mathes. She acknowledged failing to (1) properly supervise a legal assistant in her office, (2) communicate with several clients, (3) refund unearned retainers, (4) provide diligent legal services, (5) provide documentation of her IOLTA account after an overdraft, and (6) respond to disciplinary complaints. Her actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15(d), 1.6(a) and (d), 5.3(a), (b) and (c), 8.1(a) and (b), and 8.4(a), (c), (d) and (g).

Posted by: Stacey Shrader Joslin on Oct 14, 2019
News Type: BPR Actions

Shelby County lawyer Stephen F. Libby was censured on Friday after the Tennessee Supreme Court found that he missed the deadline for filing a lawsuit for his client, did not inform the client that the suit was not filed for a year, and failed to respond to multiple inquiries from the client about the status of her case. Finally, the court found that Libby made a settlement offer to his client without advising her to seek the advice of counsel. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.8, 8.4(c) and 8.4(d).

Posted by: Stacey Shrader Joslin on Oct 14, 2019
News Type: BPR Actions

Shelby County lawyer Timothy Joel Williams received a censure from the Tennessee Supreme Court on Friday. The court found that Williams failed to safeguard client funds that had been paid to cover the costs of an expert’s evaluation of the case. Instead, Williams gave a portion of the funds to an inactive attorney employed in his office for his opinion. Although Williams later reimbursed the funds to the client, the check was not drawn on his client trust account. His actions were determined to violate Rules of Professional Conduct 1.15, 5.3 and 5.5(a).

Posted by: Stacey Shrader Joslin on Oct 14, 2019
News Type: BPR Actions

The Tennessee Supreme Court on Friday reinstated a suspension against Davidson County lawyer Brian Phillip Manookian that it had dissolved in May pursuant to certain conditions. The court determined that Manookian violated those conditions when he (1) sent an email to the client of opposing counsel to intimidate the client and undermine the relationship with his lawyer, and (2) sent opposing counsel an email containing a photograph of his wife and home, causing opposing counsel to fear for his family’s safety. The court rejected the explanations Manookian provided for these incidents, noting that he has been disciplined previously for sending threatening and coercive emails regarding the families of opposing counsel. The Nashville Post also covered the court's action.

Posted by: Stacey Shrader Joslin on Oct 10, 2019
News Type: BPR Actions

Shelby County lawyer Don Anthony Handley was censured today based on two complaints. The court found that in the first complaint, Handley failed to timely file suit for a personal injury client. In the second complaint, the court found that he delayed transferring settlement funds from a trust account to a medical provider claiming a subrogation interest. In both complaints, Handley also failed to maintain good communication with his clients. His actions were determined to violate Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15 and 1.16(d).


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