The Tennessee Supreme Court on Sept. 29 directed the Board of Professional Responsibility to hold an immediate hearing on a petition from Michael Lloyd Freeman to dissolve a suspension imposed on Sept. 3. The court suspended Freeman for failing to respond to the board about four complaints of misconduct. Freeman alleges he has responded to the board and should be reinstated. The court directed the board to consider the petition and report back to the court with its recommendation.

The Tennessee Supreme Court on Oct. 6 referred two cases to the Board of Professional Responsibility for “whatever action” it may deem warranted. The court referred the case of Madison County lawyer James Richard McFall, who was found guilty of driving under the influence and was sentenced to 56 hours of incarceration and 11 months and 29 days of supervised probation. It also referred the case of Davidson County lawyer Kenneth Ervin Yager, who was found guilty of driving under the influence in Georgia and was sentenced to 12 months, with one day to be served in custody and the remainder to be served on probation.

The Tennessee Supreme Court on Sept. 24 suspended 15 attorneys for failure to pay the annual registration fee, five 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. Ten lawyers suspended for fee and/or IOLTA violations this year have been reinstated to either active or inactive status. Two lawyers suspended in 2024 for fee and/or IOLTA violations also have been reinstated. Access all administrative suspensions dating back to 2005.

On Sept. 24, the Tennessee Supreme Court suspended Jonathan Mark Benfield from the practice of law for six years with five years to be served on active suspension and the remainder on probation subject to the appointment of a practice monitor. As a prerequisite to seeking reinstatement, Benfield must report to the Tennessee Lawyers’ Assistance Program within 30 days of the suspension order, attend the Board of Professional Responsibility’s ethics workshop, take and receive a passing score on the Multistate Professional Responsibility (MPRE) exam, provide restitution in the amount of $103,080 and pay all costs. The court also publicly censured Benfield. The court found that Benfield, while acting as power of attorney, took advantage of his mother, abused his fiduciary relationship with his mother as power of attorney, failed to comply with court rules and knowingly violated his duties as a professional. It also found that Benfield practiced law while suspended and failed to comply with a court order. His actions were determined to violate Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.14, 1.15, 3.4(c), 5.5 and 8.4(a), (b) and (c).

The Tennessee Supreme Court on Sept. 19 affirmed the suspension of Davidson County attorney James B. Johnson for disclosure of confidential client communications. The violations stemmed from Johnson's representation of a client in a divorce proceeding in Shelby County beginning in February 2021. At some point, Johnson and his client began to have disagreements regarding his performance and decisions. Johnson filed a motion to withdraw from representation in March 2021. In support of that motion, Johnson attached emails between him and his client that discussed the scope of his representation, legal opinions and advice, his client’s position on matters at issue in the case, and personal insults between the two. The client then filed a complaint with the Board of Professional Responsibility (BPR), which filed a formal disciplinary petition. The BPR alleged that Johnson disclosed the confidential communications without his client's permission and recommended that he be suspended from the practice of law for three months, with 30 days to be served on active suspension and the remainder on probation. The BPR also recommended that he complete six additional continuing legal education hours. Johnson appealed to discipline first to the Davidson County Circuit Court and then to the state Supreme Court, both which upheld the suspension. Read the court's decision or a press release from the BPR.

The Tennessee Supreme Court imposed a public censure on Cheatham County lawyer Terrance Earl McNabb on Sept. 18. The court reports that after McNabb was hired to file a child custody modification with the Robertson County Juvenile Court, he failed to assert multiple constitutional claims that may have resulted in a temporary order being thrown out. McNabb also failed to raise a claim for failure to prosecute and for the father’s lack of parentage being established, which could have resulted in an immediate return of custody to his client. These actions violated Rules of Professional Conduct 1.1, 1.3, 1.4(a) and 8.4(d).

The Tennessee Supreme Court on Sept. 9 denied a petition from Knox County lawyer Mark Steven Graham to dissolve a temporary suspension imposed on him by the court on May 20, 2022. The court found that Graham has not complied with a Tennessee Lawyers Assistance Program (TLAP) monitoring agreement or the recommendations of TLAP-approved evaluations he previously has undergone. It determined that Graham failed to establish good cause for a hearing on the matter and denied the petition.

The Tennessee Supreme Court on Sept. 4 denied a petition from Hamilton County lawyer Arthur C. Grisham to transfer his law license to disability inactive status. The court said that Grisham failed to establish that any age-related or physical infirmity or illness makes it impossible for him to respond to or defend against an ethics complaint against him. Grisham is currently suspended from the practice of law for five years effective May 13.

Mississippi lawyer Brian Henry Neely was reinstated to the practice of law on Sept. 11. The Tennessee Supreme Court reports that Neely had been on inactive status since April 19, 2012. The Board of Professional Responsibility found that Neely’s petition for reinstatement was satisfactory, and he had met all requirements for reinstatement.

The Tennessee Supreme Court on Sept. 16 suspended Connecticut lawyer Wesley Shelman Spears from the practice of law in this state for one year. The suspension will be served consecutive to a two-year suspension Spears is currently subject to, according to a press release from the court. The court took the action after the State of Connecticut Superior Court imposed a one-year suspension on Spears on April 3. The Tennessee court notes that it gave Spears the opportunity to explain why reciprocal discipline should not be imposed but he did not respond to the request.