TBA Law Blog


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Posted by: Julia Wilburn on Jul 10, 2025
News Type: BPR Actions

The Tennessee Supreme Court issued a public censure to Davidson County attorney Zachary Ty Carden on July 9. The court found that Carden, while representing a client in a contested divorce action, failed to take proper action to submit his client’s discovery responses, resulting in the entry of a judgment against his client for opposing counsel’s fees. After the divorce action settled through mediation, the court found that Carden failed to take action to facilitate entry of the final divorce decree and did not respond to his client’s requests for information, delaying finalization of the divorce action. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4 and 3.2.

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: BPR Actions

Kentucky lawyer Michael James Thompson received a public censure from the Tennessee Supreme Court on July 9. The court found that while representing a client in a custody proceeding, Thompson exchanged sexualized communications with the client, which created a conflict of interest. The court also determined that Thompson communicated with the client about the custody proceeding through Instagram messaging, which did not include any privacy controls. It imposed the censure in Tennessee for violations of Kentucky Rules of Professional Conduct 1.6 (protecting confidential information) and 1.7(a)(2) (concurrent conflict of interest).

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: BPR Actions

Wayne County lawyer Joshua Howard Polk received a public censure from the Tennessee Supreme Court on July 9. After agreeing to represent clients in a water rights case, a third party joined the litigation. Polk determined that a conflict of interest was created by the new party, which mandated his withdrawal. While the court said it was reasonable for Polk to help his clients identify subsequent counsel, it found that he waited 14 months to withdraw. This resulted in unnecessary delay in the litigation, halting progress on the case and postponing a hearing on the opposing party’s motion for summary judgment. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.7(a)(2), 1.16(a). 3.2 and 8.4(d).

Posted by: Stacey Shrader Joslin on Jul 7, 2025
News Type: BPR Actions

A number of lawyers have been reinstated after being suspended for administrative violations. Two lawyers have been reinstated after completing required continuing legal education hours (one in 2023 and one in 2024). Two lawyers have been reinstated after paying the annual registration fee to the Board of Professional Responsibility (one in 2010 and one in 2024). One lawyer was reinstated after paying the 2024 professional privilege tax. One lawyer was reinstated after being suspended in 2016 for not paying the inactive fee. And one lawyer was reinstated after being suspended in 2011 for failure to meet IOLTA requirements. The TBA has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

Posted by: Stacey Shrader Joslin on Jul 3, 2025
News Type: BPR Actions

On July 3, Shelby County lawyer Darryl Wayne Humphrey received a public censure from the Tennessee Supreme Court. The court found that after taking over representation of a personal injury client in a colleague’s absence, Humphrey negligently failed to file all discovery responses and reply to opposing counsel’s discovery inquiries. This led to a motion to compel being filed against the client. Humphrey then failed to notify the client of the motion and of the subsequent court ruling that the client pay the opposing party’s attorney fees. The court also found that the failure to maintain communication with opposing counsel resulted in injury or potential injury to the client. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4(a) and 8.4(d).

Posted by: Stacey Shrader Joslin on Jul 3, 2025
News Type: BPR Actions

The Tennessee Supreme Court on June 25 suspended 11 attorneys for failure to pay the annual registration fee; three of whom also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2025 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on Jun 26, 2025
News Type: BPR Actions

On June 25, Davidson County lawyer Robert Greene received a public censure from the Tennessee Supreme Court. While representing clients in defense of a lawsuit, Greene made an error in calendaring the trial date, which led him and his clients to not appear for trial and the court to enter a default judgment. The Supreme Court found that Greene was not forthright in subsequent communications with the clients about the trial date was missed. He then filed a motion to set aside the default judgment. The court found that the motion was frivolous as it was untimely filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit, Greene falsely claimed that the trial date was missed due to confusion with opposing counsel. He later filed a motion to withdraw that falsely claimed the clients had failed to provide certain documentation. He then paid a significant portion of the judgment out of personal funds, without prior notice or consent from his clients. These actions were determined to violate Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.8(e), 1.16(d), 3.1, 3.3(a)(1) and 8.4.

Posted by: Stacey Shrader Joslin on Jun 26, 2025
News Type: BPR Actions

On June 26, the Tennessee Supreme Court suspended Samuel Ervin White from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court also ordered White to pay restitution to clients and engage a practice monitor. Complaints against White alleged that he failed to reasonably communicate with his clients, act in a diligent manner, expedite client litigation, timely respond to discovery requests and withdraw from representation following suspension. He also was accused of charging non-refundable fees, comingling client assets and misappropriating client funds. He agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.2, 3.4(c), 4.1 and 8.4(a)(d).

Posted by: Stacey Shrader Joslin on Jun 20, 2025
News Type: BPR Actions

Mississippi lawyer Justin Wade Sweat was reinstated to the practice of law in Tennessee on June 11. He had been on inactive status since May 14, 2018. The Board of Professional Responsibility reported that his petition for reinstatement was satisfactory. The Tennessee Supreme Court issued the order on June 13.

Posted by: Stacey Shrader Joslin on Jun 17, 2025
News Type: BPR Actions

The Tennessee Supreme Court suspended Rutherford County lawyer Jared Michael Streich from the practice of law on June 13 for six years, with five years to be served on active suspension and the remainder on probation. The discipline is conditioned on Streich paying restitution to two former clients and, if reinstated, the appointment of a practice monitor. The court took the action after determining that Streich failed to reasonably communicate with his clients, act in a diligent manner, expedite litigation, act competently, comply with requirements for a suspended attorney and return client property. The court also found that he charged an unreasonable fee and provided false information to the Board of Professional Responsibility. These actions violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 1.16, 3.2, 3.4 and 8.4.


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