Hamblen County lawyer Richard Dale Darby on Friday received a public censure from the Board of Professional Responsibility. The board found that Darby modified an existing fee agreement from an hourly fee to a flat non-refundable fee without obtaining written consent from his client; failed to deposit the unearned fee into his trust account; and failed to promptly refund unearned fees after terminating representation. The board also found that Darby created a conflict of interest by suing his client prior to formally withdrawing from representation. These actions were found to have violated Rules of Professional Conduct 1.5, 1.7, 1.15 and 1.16(d). Read the BPR notice.

Knoxville lawyer Joseph Brent Nolan on Friday was suspended for one year for practicing law while suspended. Nolan had previously been suspended for one year on Dec. 6, 2014, and for six months on June 26, 2015. While both of these suspensions were in effect, Nolan performed legal services for two different clients. In one instance, he prepared a will, power of attorney and living will. In the other instance, he provided contractual documents to be used in a commercial transaction. The Tennessee Supreme Court found that his actions violated Rules of Professional Conduct 5.5 and 8.4(a) and (g). Read the BPR release.

The Tennessee Supreme Court on Wednesday suspended Memphis lawyer Linda Kaye Kendall Garner from the practice of law for one year, with 30 days to be served as active suspension and the remainder on probation. During representation, Garner failed to file an appropriate pleading in opposition to a motion for summary judgment. She also used her trust account improperly to pay for personal and business expenses over a period of two years. Read the BPR release. 

Nashville attorney Yvette Yolanda Cain was censured by the Tennessee Supreme Court on May 31. The court took the action after Cain acted beyond the scope of her authority in the representation of a client, failed to communicate with the client and took actions that had an adverse effect on the client. Read the BPR notice.

The law license of Greene County lawyer Todd A. Shelton was transferred to disability inactive status on May 31. He may not practice law while on inactive status, but may petition the court for reinstatement by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law. Read the BPR notice.

The Tennessee Supreme Court today suspended Rutherford County lawyer Carla Ann Kent Ford from the practice of law. Ford was summarily suspended based upon her felony conviction for theft of property valued in excess of $1,000 but less than $10,000. Read the BPR release. 

Davidson County lawyer Mark E. Chapman was censured by the state Supreme Court on April 27 after he failed to file a lawsuit within the applicable statutory period. Chapman did inform his client of the mistake, but the court found the client suffered harm as a result of Chapman’s actions. Read the BPR notice.

The law license of Davidson County lawyer Noel F. Stahl was transferred to disability inactive status on April 27. He may not practice law while on inactive status, but may petition the court for reinstatement by showing by clear and convicting evidence that the disability has been removed and he is fit to resume the practice of law. Read the BPR notice.

The Tennessee Supreme Court censured Obion County attorney Henry Allen Nohsey on April 21. Nohsey represented a client who owned real property as a tenant in common with a relative and wanted to purchase the relative’s interest in the property. At the request of the client, Nohsey engaged in a strategy to convince the relative that an unrelated third party wanted to purchase the property. Nohsey’s client assigned the relative’s interest in the property without permission and sold the property for $26,000 – more than the price Nohsey had negotiated with the relative. Read the BPR notice.

Coffee County attorney Cathleen Grady Conley was censured by the state Supreme Court on April 20. The court found that Conley’s office staff would review bankruptcy court records and phoned creditors who had not yet filed a proof of claim. If the creditor expressed interest, the staff sent an email with a claim form and contract that Conley would receive one third of any money recovered. Neither the phone call nor the email explained that Conley was not acting as an attorney, or contained notice that the protections of the client-lawyer relationship did not exist. Read the BPR notice.