TBA Law Blog

TBA Law Blog

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Blount County Lawyer Reinstated

Posted by: Katharine Heriges on Jul 10, 2019
News Type: BPR Actions
The Supreme Court of Tennessee on Tuesday reinstated Blount County lawyer Ted Austin Burkhalter. Burkhalter was suspended by the Supreme Court of Tennessee for one year on June 18, 2018. Burkhalter filed a petition for reinstatement June 18, and the board found that the petition was satisfactory.

Rutherford County Lawyer Suspended

Posted by: Katharine Heriges on Jul 3, 2019
News Type: BPR Actions
The Supreme Court today temporarily suspended Rutherford County lawyer Robert John Foy from the practice of law upon finding that Foy misappropriated funds of a client and poses a threat of substantial harm to the public. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law in cases of an attorney’s misappropriation of a client’s funds.

3 Lawyers Reinstated

Posted by: Katharine Heriges on Jul 2, 2019
News Type: BPR Actions
The Tennessee Supreme Court recently reinstated the licenses of three attorneys who were placed on inactive status more than five years ago. Madison County lawyer Edward Glenn Bryant was reinstated on April 26. Hamilton County lawyer Steven M. Hodges was reinstated on June 5. And Shelby County lawyer Tamara B. McKinnon was reinstated on June 6.

Shelby County Lawyer Censured

Posted by: Katharine Heriges on Jul 2, 2019
News Type: BPR Actions
Shelby County lawyer Summer M. Rhoden on Monday received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Rhoden’s son was charged with first-degree murder on July 6, 2017. He appeared at her home that afternoon, and she failed to contact law enforcement or facilitate his surrender until the following morning. Rhoden was charged as an accessory after the fact as a result of this delay. Rhoden pled guilty on March 8 to a reduced misdemeanor charge of criminal attempt.

Rutherford County Lawyer Censured

Posted by: Katharine Heriges on Jul 2, 2019
News Type: BPR Actions
Rutherford County lawyer James Radford Smith on Monday received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Smith agreed to represent a client in a pending petition for post-conviction relief. Smith failed to obtain consent from his client before accepting fees from a third party and did not maintain good communication with his client throughout the representation. After entering appearance in the action, Smith failed to file an amended petition by the deadline prescribed by the court and filed an untimely appeal after the petition was denied. After completing the representation but still in possession of the client file, Smith decided to close his law office. The client file was inadvertently destroyed by the moving company hired by Smith in connection with the closure of his law office due to his failure to specify the client files and other office documents that needed to be preserved.

Williamson County Lawyer Suspended

Posted by: Katharine Heriges on Jun 28, 2019
News Type: BPR Actions
The Supreme Court of Tennessee today suspended Williamson County lawyer Georgia A. Felner from the practice of law for a period of three years with 18 months served on active suspension and the remainder on probation pursuant to Tennessee Supreme Court Rule 9, Sections 12.2 and 14.2. Felner sold cannabis (THC) to a confidential informant and was indicted for the sale and delivery of a Schedule VI controlled substance. Felner entered a plea of nolo contendere to both felony counts, received judicial diversion, was placed on two years supervised probation beginning Oct. 10, 2018, and is prohibited from practicing law.

61 Attorneys Suspended for Failure to Pay Annual Fee

Posted by: Katharine Heriges on Jun 25, 2019
News Type: BPR Actions
Twenty-four Tennessee attorneys, 36 out-of-state attorneys and one international attorney have been suspended in Tennessee for failing to pay the annual registration fee. Pursuant to Rule 9, Section 10.1, the annual registration fee is due and payable to the Board of Professional Responsibility on or before the first day of the attorney’s birth month of each year. See the full list of suspensions here and see all current and previous administrative suspensions here.

Hawkins County Lawyer Censured

Posted by: Katharine Heriges on Jun 25, 2019
News Type: BPR Actions
Hawkins County lawyer Daniel Graham Boyd was today publicly censured by the Tennessee Supreme Court. On June 22, 2018, the Board of Professional Responsibility filed a petition for discipline alleging that Boyd failed to diligently represent his clients in a boundary line dispute and failed to adequately communicate with them. Boyd entered into a conditional guilty plea admitting that his actions violated the Rules of Professional Conduct. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Maury County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jun 21, 2019
News Type: BPR Actions
By order of the Tennessee Supreme Court entered on June 20, the law license of Maury County lawyer Robert Barrow Sweeney was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Sweeney cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Disability Inactive Status Removed for Shelby County Lawyer

Posted by: Katharine Heriges on Jun 18, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Monday entered an order dissolving the disability status of Williamson County attorney Patrick Michael Kelley, previously entered May 30, 2018. Although the disability status has been removed, the court determined Kelley’s license would remain inactive until the resolution of any disciplinary proceedings pending before the Board of Professional Responsibility and the satisfaction of any outstanding continuing legal education obligations. Kelley is required to pay the costs and expenses of his reinstatement proceedings to the court and to the Board of Professional Responsibility.
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