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Mississippi Lawyer Censured

Posted by: Katharine Heriges on Jul 18, 2019
News Type: BPR Actions
Mississippi lawyer Wanda X. Abioto today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Abioto is licensed to practice law in Mississippi and is only authorized to practice in Tennessee before the U.S. District Court for the Western District of Tennessee. Abioto was retained to represent a Mississippi family in a claim for injuries which occurred in Mississippi against a food manufacturer and distributor which sold the product in Mississippi. Abioto used business cards and letterhead with addresses in Memphis and which listed a variety of practice areas, but did not contain a disclaimer indicating she was not licensed to practice in Tennessee. Abioto filed a complaint with the U.S. District Court for the Western District of Tennessee, which was not an appropriate venue. She failed to comply with a court order setting a deadline for service upon the defendants and the civil action was dismissed. Abioto subsequently re-filed the complaint in the same court and successfully served the defendants, but it was dismissed because Abioto relied upon Mississippi’s longer statute of limitations deadlines instead of Tennessee’s deadlines which had expired at the time the action was filed. Abioto then filed the only remaining cause of action in Mississippi state court without the knowledge or consent of her clients and formally withdrew from the representation without serving any of the defendants in the case.     

Lewis County Lawyer Censured

Posted by: Katharine Heriges on Jul 18, 2019
News Type: BPR Actions
Lewis County lawyer Larry Joe Hinson today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Hinson was paid $1,500 to represent his client in a divorce action. Hinson did not have a written fee agreement and was suspended from the practice of law before he could conclude the representation. Hinson offered to reimburse $750.00 to his client, but failed to respond to requests from the Board for compliance with such obligation. Hinson only recently confirmed that he reimbursed funds to his client, and also failed to comply with his notice obligations for suspended attorneys requiring him to file an affidavit with the board.   

Putnam County Lawyer Censured

Posted by: Katharine Heriges on Jul 16, 2019
News Type: BPR Actions
Putnam County lawyer Elizabeth Ann Shipley today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. In the first disciplinary complaint, Shipley was tardy in the payment of restitution to a former client, which had been a condition of an earlier public censure. The second disciplinary complaint arose out of an overdraft on Shipley’s trust account.  On Oct. 22, 2018, Shipley received $500 from clients in connection with a custody case. She initially deposited the funds into escrow, but later transferred them to her operating account. On Dec. 3, 2018, she instructed her assistant to forward the funds to the Court Clerk’s Office but failed to specify that the funds were no longer in escrow. Shipley’s assistant issued a check to the Court Clerk’s Office on the trust account, resulting in the overdraft. 

Shelby County Lawyer Censured

Posted by: Katharine Heriges on Jul 16, 2019
News Type: BPR Actions
Shelby County lawyer Urura Mayers on Monday received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Mayers presented a check drawn on her trust account to a court clerk’s office for payment of a filing fee before client funds covering the cost of the filing fee had been deposited into her trust account, resulting in an overdraft.  Mayers also failed to properly supervise a legal assistant who used the trust account to pay personal expenses. 

Davidson County Lawyer Censured

Posted by: Katharine Heriges on Jul 16, 2019
News Type: BPR Actions
Davidson County lawyer Harold Scott Saul on Monday received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. In one complaint, Saul delayed in the drafting and execution of the documents evidencing a divorce settlement and then failed to file the documents with the court. In another complaint, Saul agreed to draft a buy-sell agreement but took no action for six months after agreeing to handle the matter. In both complaints, Saul failed to respond to client phone calls and other inquiries about the status of the representation. 

North Carolina Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jul 16, 2019
News Type: BPR Actions
The Tennessee Supreme Court today transferred the Tennessee law license of North Carolina lawyer Cheryl L, McClary to disability inactive status, pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. McClary cannot practice law while on disability inactive status. She may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing clear and convincing evidence that the disability has been removed and she is fit to resume the practice of law.

Davidson County Lawyer Censured

Posted by: Katharine Heriges on Jul 12, 2019
News Type: BPR Actions
Davidson County lawyer James Gregory King today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. King agreed to represent a married couple in pursuing civil claims after being harassed on social media. King failed to adequately confirm the scope of the representation or the amount of his fee and did not deposit unearned fee payments into escrow. He also took no action on behalf of his clients and failed to maintain good communication during the representation.

Shelby County Lawyer Censured

Posted by: Katharine Heriges on Jul 12, 2019
News Type: BPR Actions
Shelby County lawyer Edwin Charles Lee Lenow today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Lenow represented a client in a contested divorce proceeding. A special master was appointed to oversee a hearing to equitably divide marital assets and liabilities. Lenow’s client brought a letter to the hearing which was purported to be from the plan administrator of pension funds within the marital estate. Lenow’s client referenced the letter during her testimony but the letter was not introduced into evidence. After the hearing but before the special master filed her findings and recommendations, opposing counsel told Lenow that his client forged the letter. Lenow was not provided with any evidence to support this allegation. He did not address this issue with his client or take any steps to assess the validity of opposing counsel’s accusation. Instead, he contacted the special master, ex parte, and advised that the letter had been forged.

Tennessee Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jul 12, 2019
News Type: BPR Actions
By order of the Tennessee Supreme Court entered today, the Tennessee law license of Mississippi lawyer Jackie Walters Rozier was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Rozier cannot practice law while on disability inactive status. She may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing clear and convincing evidence that the disability has been removed and she is fit to resume the practice of law.

Hawkins County Lawyer Censured

Posted by: Katharine Heriges on Jul 11, 2019
News Type: BPR Actions
Hawkins County lawyer Gerald Todd Eidson was publicly censured on Wednesday by the Supreme Court of Tennessee. The Board of Professional Responsibility filed a petition for discipline on May 8, 2018, concerning one complaint of misconduct. Eidson was appointed to represent an incarcerated client who had filed a pro se petition for post-conviction relief. Eidson failed to adequately communicate with his client and did not act diligently. As a result, the pro se petition for post-conviction relief was dismissed by the trial court. Eidson was able to have the order of dismissal set aside, and the client was appointed new counsel.
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