The Tennessee Supreme Court on Friday suspended Roane County lawyer Eric John Montierth from the practice of law for two years, with 18 months to be served on active suspension —retroactive to Sept. 23, 2022 — and the remainder on probation. The suspension is conditioned on Montierth incurring no new complaints of misconduct related to the disciplined conduct, engagement of a practice monitor, and evaluation by the Tennessee Lawyers Assistance Program. The court found that Montierth failed to (1) communicate with clients adequately about closing his practice, (2) transition his clients to other lawyers, and (3) refund unearned fees. Montierth agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.4, 8.1(b) 8.4(a) and 8.4(d).

The Tennessee Supreme Court reinstated five lawyers yesterday who had been suspended for failing to complete annual continuing legal education requirements. Three had been suspended in 2023, one in 2019 and one in 2014.

The Tennessee Supreme Court recently rejected a motion from the Board of Professional Responsibility for additional information in its disciplinary investigation of Sumner County lawyer Andy Lamar Allman. The court directed the BPR to conduct an investigation for the sole purpose of determining the final discipline to be imposed after Allman was convicted of one count of felony theft of property valued at $60,000 or more. The BPR had requested permission to seek “facts potentially material” to the case.

The Tennessee Supreme Court recently considered two petitions for reinstatement to the practice of law. On Oct. 2, the court ruled on a petition from Carter County attorney Amy D. Williams, finding that she had outstanding obligations with the Board of Professional Responsibility and the CLE Commission. The court gave Williams until Nov. 17 to resolve those issues or said it would dismiss the petition. On Oct. 9, the court dismissed a petition from Campbell County lawyer Jody Rodenborn Troutman, who had been suspended on Feb. 3, 2022, for one year of active suspension and three years of probation. Troutman filed the reinstatement prematurely on Nov. 8, 2022.

Knox County lawyer Christopher Shawn Roberts was temporarily suspended from the practice of law on Oct. 13. The Tennessee Supreme Court took the action after finding that Roberts failed to substantially comply with his Tennessee Lawyer Assistance Program. Roberts is immediately precluded from accepting any new cases and must cease representing existing clients by Nov. 12. The court also issued an order allowing documents in the case to be filed under seal.

Sumner County lawyer Ramsdale O’DeNeal Jr. received a public censure from the Tennessee Supreme Court on Oct. 11. The court found that O’DeNeal, while representing a client in a criminal matter, accepted a flat fee for services but later requested the client pay an additional $1,000. O’DeNeal did not receive informed consent to change the fee. The client paid the fee, but during the disciplinary investigation, O’DeNeal refunded the $1,000 to the client. His actions were determined to violate Rules of Professional Conduct 1.5 and 1.8.

Shelby County lawyer Brian Chadwick Rickman received a public censure from the Tennessee Supreme Court on Oct. 11. The court found that Rickman, while representing a client in a car wreck matter, agreed to a settlement offer from the defendant without his client’s knowledge or approval. Rickman also failed to respond to the disciplinary complaint. His actions were determined to violate Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.16 and 8.1.

On Oct. 3, the Tennessee Supreme Court reinstated Samuel Ervin White to the active practice of law. White was temporarily suspended by the Supreme Court of Tennessee for misappropriating funds for his personal use and posing a threat of substantial harm to the public. White sought to dissolve the temporary suspension and a hearing was held before a three-member disciplinary panel on Aug. 31. On Sept. 27, the panel recommended dissolution of the temporary suspension with conditions.

Campbell County lawyer Terry Matthew Basista received a public censure today from the Tennessee Supreme Court. Basista won an award of child support for his client by agreement of the parties during a hearing in Claiborne County Chancery Court on July 21, 2015. The court found that he failed to file an order for over two years and failed to stay abreast of the case, resulting in an order of closure being filed on August 18, 2017. By these acts, Basista violated Rules of Professional Conduct 1.3, 1.4 and 3.2.

James Arthur Graham Jr., an attorney licensed to practice law in Louisiana but not in Tennessee, received a public censure on Oct. 5 from the Tennessee Supreme Court. Graham filed an application for comity admission in Tennessee and was authorized to practice law “pending admission” in Tennessee under Tennessee Supreme Court Rule 7, §10.07. Graham later withdrew his application for comity admission and was informed that his ability to practice “pending admission” had been revoked. Graham stated on his website for approximately 60 days after that point that he was licensed in Tennessee, which was a false statement and resulted in potential harm to the public.