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TBA Law Blog

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Court Affirms 6-Month Suspension for Memphis Attorney

Posted by: Katharine Heriges on Aug 14, 2018
News Type: BPR Actions
The Tennessee Supreme Court has affirmed the suspension of Memphis attorney Larry Edward Parrish from the practice of law for six months, with 30 days to be served on active suspension and the remainder on probation. Previously, a Board of Professional Responsibility (BPR) hearing panel found that Parrish had violated his ethical duties under the Rules of Professional Conduct by making derogatory statements about three appellate judges, however, the panel declined to issue discipline beyond a public censure because they argued his statements were protected by the First Amendment. Upon appeal, the Tennessee Supreme Court found that his statements were not protected under free speech and affirmed Parrish's suspension.

Knox County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Aug 14, 2018
News Type: BPR Actions
The law license of Knox County lawyer James Douglas Busch was transferred to disability inactive status today, pursuant to Section 27.4 of Tennessee Supreme Court Rule 9. Busch 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.

Williamson County Lawyer Suspended Following Appeal

Posted by: Katharine Heriges on Aug 14, 2018
News Type: BPR Actions
The Tennessee Supreme Court on Monday suspended Michael Gibbs Sheppard from the practice of law for 60 days, followed by two years of probation under the supervision of a practice monitor. The Board of Professional Responsibility (BPR) filed a petition for discipline against Sheppard based upon two complaints of ethical misconduct. A hearing panel found that he failed to properly maintain and monitor client trust accounts, which resulted in the commingling of client funds, use of client funds to pay for operating expenses, and a diminished balance of client funds in the trust account. Sheppard also knowingly mislead at least one client about the status of the client’s trust funds; however, the hearing panel found his acts were not intentional and did not seriously injure any clients. The BPR, seeing the need for additional punishment, appealed the hearing panel's decision but the Tennessee Supreme Court sided with the panel.

Davidson County Lawyer Temporarily Suspended

Posted by: Katharine Heriges on Aug 8, 2018
News Type: BPR Actions
The Supreme Court of Tennessee today temporarily suspended Davidson County lawyer Judson Wheeler Phillips from the practice of law upon finding that Phillips 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 if an attorney poses a threat of substantial harm to the public. Phillips is immediately precluded from accepting any new cases, and he must cease representing existing clients by Sept. 7.

Sumner County Lawyer Disbarred

Posted by: Katharine Heriges on Jul 31, 2018
News Type: BPR Actions
Effective July 30, the Supreme Court of Tennessee disbarred Sumner County lawyer Andy Lamar Allman from the practice of law and ordered restitution in the amount of $511,386.50 and costs of the disciplinary proceeding be paid. This is the third order disbarring Allman and is based upon three petitions for discipline, including one that involved 74 separate complaints. Allman submitted a conditional guilty plea on June 8, admitting he knowingly and intentionally misappropriated client funds received in the sale of real estate and/or the settlement of litigation claims; knowingly, intentionally and systematically misappropriated unearned retainer fees and converted the funds to his personal or business use; failed to provide the substantive professional services for which he was retained; and misled clients regarding the status of their cases and the filing of pleadings. Allman failed to notify his clients of his temporary suspension, engaged in the unauthorized practice of law, and failed to respond to the board regarding a disciplinary complaint.  

Sumner County Attorney Disbarred

Posted by: Barry Kolar on Jul 31, 2018
News Type: BPR Actions

The Tennessee Supreme Court on Monday filed an Order of Enforcement to disbar Sumner County attorney Andy Lamar Allman. The action followed a Hearing Panel’s Order recommending approval of a conditional guilty plea entered June 18 that included a schedule outlining $511,386.50 in restitution for Allman to pay to specific individuals. In addition Allman must pay the Board of Professional Responsibility the expenses and costs related to the case.

Sevier County Lawyer Censured

Posted by: Katharine Heriges on Jul 30, 2018
News Type: BPR Actions
Sevier County lawyer Dawn Elaine Bowie on Wednesday received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Bowie filed a guardianship action while a dependent and neglect petition was pending involving the same custody dispute. Bowie filed a motion for Rule 11 sanctions after being served with a motion to dismiss for lack of subject matter jurisdiction. She did not provide opposing counsel with an opportunity to withdraw the motion to dismiss as required by the Tennessee Rules of Civil Procedure, and there was no merit to the motion for sanctions. She also communicated with the opposing parties about the subject matter of the custody dispute despite being aware that they were represented by counsel.

Shelby County Lawyer Suspended

Posted by: Barry Kolar on Jul 26, 2018
News Type: BPR Actions

The Tennessee Supreme Court on Wednesday temporarily suspended Shelby County lawyer Martin Alan Weiss from the practice of law upon finding that he misappropriated funds and poses a threat of substantial harm to the public and failed to respond to the Board regarding a complaint of misconduct. Weiss is immediately precluded from accepting any new cases and must cease representing existing clients by Aug. 24.

Florida Lawyer Suspended

Posted by: Katharine Heriges on Jul 20, 2018
News Type: BPR Actions
The Tennessee Supreme Court today suspended Thomas Patrick Cooper of Miami Beach, Florida, from the practice of law until further orders of the court. Cooper was suspended based upon his criminal conviction for grand theft and defrauding a financial institution in the matter of The State of Florida v. Thomas Patrick Cooper, in the 17th Judicial Circuit Court in Broward County. The court’s order is effective immediately. The matter has been referred to the board to institute formal proceedings to determine the extent of the final discipline to be imposed upon Cooper as a result of his conviction of a serious crime.   

Davidson County Lawyer Censured

Posted by: Katharine Heriges on Jul 20, 2018
News Type: BPR Actions

Davidson County attorney Karl Emmanuel Pulley today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. In representing a client in a criminal case, Pulley failed to request a jury instruction as to the lesser offense of facilitation, which was fairly raised by the proof thereby waiving any chance his client had of being convicted of a lesser charge. In response to a post-conviction petition in which Pulley’s client alleged that Pulley rendered constitutionally deficient representation, the state, rather than attempting to defend the convictions, entered into an agreed order vacating the convictions and the client was permitted to enter a plea to a lesser charge for a shorter sentence.
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