TBA Law Blog


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Posted by: Katharine Heriges on Apr 18, 2018
News Type: BPR Actions
The Tennessee Board of Professional Responsibility today transferred the law license of Howard Frederick Ford to disability inactive. It will remain there for an indefinite period until further orders of the Supreme Court.
Posted by: Katharine Heriges on Apr 17, 2018
News Type: BPR Actions
Knox County lawyer Jere F. Ownby received a public censure from the Board of Professional Responsibility on April 11. Ownby’s law license was suspended on July 7, 2017, but he continued to practice law for three business days after the suspension. In one client matter, Ownby failed to notify the court or opposing counsel of his suspension, and he failed to withdraw from the representation of his client at any time. Three months after his suspension, the court set a status conference and Ownby did not appear or provide any response to the court or opposing counsel. This conduct was deemed by the board to be prejudicial to the administration of justice.
Posted by: Katharine Heriges on Apr 17, 2018
News Type: BPR Actions
Wilson County attorney Todd Allen Tressler received a public censure from the Board of Professional Responsibility on April 16. Tressler hired a real estate broker in connection with the purchase of commercial realty, but terminated the broker’s services and hired an immediate family member as successor broker after the original broker’s work was substantially completed. The closing documents and contractual agreement between Tressler and the two brokers granted the original broker the full commission at closing and provided that the division of the commission would be subsequently negotiated between the two brokers. Contrary to this agreement, Tressler refused to forward payment of the full commission to the original broker, and instead attempted to negotiate a division of the commission on behalf of the successor broker. For these actions, he was publicly censured.
Posted by: Katharine Heriges on Apr 17, 2018
News Type: BPR Actions
Sumner County lawyer Charles Rufus Bobbitt received a public censure on April 16 from the Board of Professional Responsibility. Bobbitt represented a client in seeking modification of a parenting plan. Bobbitt did not affix a proposed parenting plan and verified statement of income to his petition, as required by statute. The court entered an order requiring Bobbitt to correct these deficiencies. He failed to do so, which resulted in the dismissal of the petition. Additionally, Bobbitt failed to file a timely reply to opposing counsel’s counter-petition, resulting in entry of a default judgment. He also failed to maintain good communication with his client throughout the representation.
Posted by: Katharine Heriges on Apr 17, 2018
News Type: BPR Actions
Sevier County lawyer Andrew Nicholas Wilson received a public censure on April 16 from the Board of Professional Responsibility. Wilson represented a client whose case was moved from state court to federal district court. Wilson was not admitted to practice in federal district court and failed to respond to the court’s request to file a motion to appear pro hac vice, to the court’s show cause order, or to the court’s order to appear. Wilson was accordingly removed as counsel of record and reprimanded by the district court.
Posted by: Katharine Heriges on Apr 17, 2018
News Type: BPR Actions
Arthur Wayne Henry, a Loudon County attorney, received a public censure on April 16 from the Board of Professional Responsibility. On Sept. 21, 2017, Henry was retained to represent a client in a domestic case in which she desired to relocate with her child to another state. On Dec. 4, 2017, the client discovered that Henry had taken no action to file a petition to relocate or to answer the opposing party’s petition. Henry did refund the client’s fees after she confronted him about the inactivity on the case.
Posted by: Katharine Heriges on Apr 11, 2018
News Type: BPR Actions
Davidson County lawyer Robert Elliott McGuire received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court on April 10. The Nashville Post reports that McGuire, who in 2014 made an unsuccessful bid for Nashville District Attorney, was hired as a federal prosecutor just last week. In October of 2013, McGuire made statements in the rebuttal closing argument of a criminal prosecution that referenced material which had been excluded by the trial court in a pretrial order. Further, the statements were inappropriate, served no legitimate purpose, and resulted in reversal of the conviction by the Court of Criminal Appeals. A spokesperson for U.S. Attorney Don Cochran said the office was aware of the proceedings when it decided to hire McGuire.
Posted by: Katharine Heriges on Apr 4, 2018
News Type: BPR Actions
Aundreas W. Smith of Williamson County today was publicly censured by the Tennessee Supreme Court. On May 23, 2017, the Board of Professional Responsibility filed a petition for discipline against Smith, which included one complaint of misconduct alleging that she took her fee from medical payments issued by her client’s insurance company and deposited the medical payment checks into her operating account rather than her IOLTA account. She also failed to provide her client with a written settlement statement. The court ordered Smith to pay restitution to one client, complete an additional three hours of continuing legal education with a focus on management of IOLTA accounts and accounting associated with contingency fee cases, and pay costs and expenses to the board.  
Posted by: Katharine Heriges on Apr 3, 2018
News Type: BPR Actions
The Supreme Court of Tennessee today disbarred McMinn County lawyer Larry Dean Cantrell from the practice of law for delivering property of an estate by quitclaim deed that should have been conveyed by court deed or court order, for stating in the quit claim deed that the debts of the estate had been paid when they had not, for delaying the delivery of the deed for seven months, and failing to maintain the purchase funds in his trust account while the matter was pending.
Posted by: Katharine Heriges on Mar 28, 2018
News Type: BPR Actions
The law license of Hamilton County lawyer David Haines Rotroff was transferred to disability inactive status today pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Rotroff 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.

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