TBA Law Blog


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Posted by: Katharine Heriges on Jan 18, 2018
News Type: BPR Actions
Shelby County lawyer Al H. Thomas received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Thomas had failed to pay court costs in a civil action. When the court costs remained unpaid after the dismissal of the client’s lawsuit, the court entered an order requiring him to appear and show cause, if any, why judgment should not be entered for payment of the costs. Thomas failed to appear before the court or provide notice that he was unable to appear. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.
Posted by: Katharine Heriges on Jan 12, 2018
News Type: BPR Actions
The Supreme Court of Tennessee on Thursday temporarily suspended Carla L. Arevalo from the practice of law for failing to respond to the Board 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. Arevalo is immediately precluded from accepting any new clients or cases and must cease representing all existing clients by February 10, 2018.
Posted by: Katharine Heriges on Jan 12, 2018
News Type: BPR Actions
The law license of Francis Duncan Gibson III was transferred to disability inactive status on Thursday, pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Gibson 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.
Posted by: Katharine Heriges on Jan 10, 2018
News Type: BPR Actions
Montgomery County lawyer Robert Hamm Moyer today received a public censure from the Board of Professional Responsibility. Moyer was found to have engaged in a pattern of collecting partial fees from clients in Chapter 7 bankruptcy proceedings and requiring the clients to make installment payments on the remainder of his fees after bankruptcy petitions had been filed. He failed to advise his clients that they had no legal obligation to pay the remainder of his fees after their bankruptcy petitions were filed. In certain cases, when clients failed to comply with their installment payments, he filed civil actions against them after their debts were discharged in bankruptcy in violation of federal law. Additionally, in his collections actions, Moyer requested a one-third attorney fee above and beyond the amount alleged to be owed while acting in a pro se capacity.
Posted by: Katharine Heriges on Jan 10, 2018
News Type: BPR Actions
The Supreme Court of Tennessee today temporarily suspended Davidson County lawyer Patrick Brocklin Parks from the practice of law, upon finding Parks misappropriated funds and poses a threat of substantial harm to the public. He is immediately precluded from accepting any new cases, and he must cease representing existing clients by Feb. 9. This suspension remains in effect until dissolution or modification by the Supreme Court.
Posted by: Katharine Heriges on Jan 10, 2018
News Type: BPR Actions

Daniel Graham Boyd was suspended today from the practice of law for three years, with 120 days active suspension and the remainder on probation. The action is the result of two complaints of misconduct. In one matter, Boyd represented a widow concerning her husband’s estate. Over approximately five years, Boyd made false statements to the daughters of his client, leading them to believe that he was taking actions to further their mother's case that he was not. In another matter, Boyd represented an employee in a workers compensation claim. Other than filing a request for assistance, he took no action over a period of approximately five years, and he made false statements to his client over that period, leading her to believe that he was taking actions that he was not.

Posted by: Katharine Heriges on Jan 8, 2018
News Type: BPR Actions
Monroe County lawyer Barry Keith Maxwell received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Maxwell commingled personal funds into his client trust account and improperly utilized the account for his own benefit by using the funds to pay his personal expenses. In mitigation, Maxwell ceased practicing law and no longer held client funds in the account when he deposited his personal funds therein. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.
Posted by: Katharine Heriges on Dec 28, 2017
News Type: BPR Actions
The Supreme Court of Tennessee yesterday entered an Order of Reciprocal Discipline suspending the law license of William N. Hulsey III of Texas for 30 months with the suspension being fully probated, beginning Sept. 1, 2017, and ending Feb. 28, 2020, as specified by the Agreed Judgment of Probated Suspension entered Aug. 30, 2017, by the State Bar of Texas. Upon receiving notification by the Board of Professional Responsibility that Hulsey was subject to attorney discipline in Texas, the Supreme Court of Tennessee entered a notice requiring Hulsey to show cause why reciprocal discipline should not be imposed in Tennessee. He failed to file a response to the Tennessee Supreme Court’s notice and the court found it appropriate to enter an Order of Reciprocal Discipline against Hulsey.
Posted by: Katharine Heriges on Dec 28, 2017
News Type: BPR Actions
George Avery Mott of Nashville was suspended yesterday from the practice of law for one year, with 30 days active suspension and the remaining time to be served on probation. The Board of Professional Responsibility filed a Petition for Discipline due to two complaints arising out of Mott’s conduct in Bankruptcy Court. In the first complaint, Mott incorrectly informed his client that his annuity would not become property of the trustee if he filed a Chapter 7 petition. The second complaint came from a trustee, who alleged that Mott failed to pay filing fees or file motions for filing fees to be paid in installments, failed to file a pre-trial brief and exhibit list in one case, failed to submit an order to reopen a case once a motion to reopen was unopposed, and failed to show good communication with his clients.
Posted by: Katharine Heriges on Dec 28, 2017
News Type: BPR Actions
Campbell County lawyer Donald Brent Gray was suspended today from the practice of law for two years, retroactive to March 10, 2017, with one year active suspension and one year on probation. Gray was suspended for three matters. In one, he failed to appear for a court date. In a second matter, he failed to deposit an unearned fee to a trust account and failed to refund the unearned portion of his fee after his representation terminated. In a third matter, he failed to appear for a court date and failed to deposit an unearned fee to a trust account. In all matters, he failed to respond to the Board’s requests for information. As conditions of his probation, Gray must engage a practice monitor, obtain an evaluation by the Tennessee Lawyers Assistance Program and enter into a monitoring agreement if appropriate, make restitution to two clients, and commit no further acts of misconduct resulting in a recommendation of discipline.

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