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TBA Law Blog

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Davidson County Lawyer Censured

Posted by: Katharine Heriges on Feb 19, 2019
News Type: BPR Actions
Davidson County attorney Terry Renease Clayton was publicly censured today by order of the Tennessee Supreme Court. Clayton must pay the board’s costs and expenses and the court costs within 90 days. Clayton represented the plaintiffs in a personal injury case. In a Court of Appeals brief and in an oral argument, Clayton attributed a statement to defense counsel that does not appear in the record. 

Williamson County Lawyer Suspended

Posted by: Katharine Heriges on Feb 14, 2019
News Type: BPR Actions
The Supreme Court of Tennessee today temporarily suspended Williamson County attorney Matthew David Dunn from the practice of law for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct. 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 failure to respond to the board regarding a complaint of misconduct. Dunn is immediately precluded from accepting any new cases, and he must cease representing existing clients by March 16.

Shelby County Lawyer Suspended

Posted by: Katharine Heriges on Feb 11, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Friday suspended Shelby County lawyer Earl Frank Johnson from the practice of law for six months and required that he submit to an evaluation by the Tennessee Lawyers Assistance Program and follow any recommendations. On March 26, 2018, a petition for discipline was filed against the Johnson, including one complaint of misconduct alleging Johnson appeared in General Sessions Court on behalf of a client when his law license had been administratively suspended since August 2012. Johnson entered a conditional guilty plea admitting to the misconduct.

Sumner County Lawyer Suspended

Posted by: Katharine Heriges on Feb 11, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Friday suspended Sumner County lawyer Randy Paul Lucas from the practice of law for three years, with six months on active suspension and the remainder on probation. On June 28, 2017, the board filed a petition for discipline against Lucas containing one complaint of misconduct. The complaint alleged that Lucas agreed to represent a client in a personal injury case but failed to take any action on his client’s behalf thereby allowing the statute of limitations in this case to expire. Lucas failed to maintain consistent communication with this client and made repeated misrepresentations to this client. Lucas entered a conditional guilty plea in this matter, and made a payment to the affected client as compensation for his loss.

Wilson County Lawyer Suspended

Posted by: Katharine Heriges on Feb 4, 2019
News Type: BPR Actions
The Supreme Court of Tennessee today suspended Wilson County lawyer Daphne Michelle Davis from the practice of law for three years. A petition for discipline was filed against Davis alleging that she missed a court date resulting in a default judgment against her client in the amount of $25,151.50.  After appealing the case to Circuit Court, she unilaterally cancelled a mediation and failed to inform her client of the date the case was set for hearing. Davis failed to appear, and the appeal was dismissed. She did not inform her client who learned about the dismissal when he received a copy of the judgment from opposing counsel. In another complaint, Davis promised to refund a fee to her client, but failed to do so until the client filed a complaint with the Board. Finally, Davis was appointed to represent a client who asked her assistance in seeking a waiver or reduction of court costs. Davis sent the client a questionnaire to complete and return, but thereafter, ceased communicating with her client. Davis did not respond to the board in this case.

68 Suspended for Administrative Reasons

Posted by: Katharine Heriges on Jan 29, 2019
News Type: BPR Actions
Sixty-eight attorneys have been suspended from the practice of law in Tennessee for administrative reasons. These attorneys, which include individuals from Tennessee, outside states and other countries, were suspended for failing to pay their annual registration fee to the Board of Professional Responsibility and/or failing to file the mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program.

Davidson County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jan 29, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Friday transferred the law license of Davidson County lawyer John Lee Kennedy to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Kennedy 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 clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Sullivan County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Jan 29, 2019
News Type: BPR Actions
The Tennessee Supreme Court on Friday transferred the law license of Sullivan County lawyer Cherie S. Monson to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Monson 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.

Shelby County Lawyer Suspended

Posted by: Katharine Heriges on Jan 28, 2019
News Type: BPR Actions
On Jan. 24, the Supreme Court of Tennessee suspended Memphis attorney Gerald Stanley Green from the practice of law for six months, with 30 days to be served on active suspension and the remaining five months on probation with conditions. The Board of Professional Responsibility filed a petition for discipline and a supplemental petition against Green based on complaints by three clients alleging that he did not adequately communicate and failed to diligently represent them. In addition, Green was charged with practicing law in Mississippi without complying with that state’s rule governing pro hac vice admission.

Maury County Lawyer Reinstated

Posted by: Katharine Heriges on Jan 28, 2019
News Type: BPR Actions
The Supreme Court of Tennessee on Friday reinstated Maury County attorney William Clark Barnes Jr. to the practice of law, effective immediately. Barnes had been suspended by the Supreme Court of Tennessee for three years on March 31, 2015, with six months active suspension and the remainder on probation with conditions. A hearing panel found that Barnes complied with the terms and conditions of his suspension, and further found that he had demonstrated the moral qualifications, competency and learning in the law required for the practice of law, and that his resumption of the practice of law will not be detrimental to the integrity or standing of the bar or administration of justice, or subversive to the public interest. As conditions of his reinstatement, Barnes must have a practice monitor for one year, and enter into a new, two-year Tennessee Lawyers Assistance Program monitoring agreement.
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