Rutherford County lawyer Dalen L. P. Farmer received a public censure on April 23. Farmer was hired to defend a client in a partition and promissory fraud action. A motion to compel was filed against the client for failing to provide discovery responses. The Tennessee Supreme Court found that Farmer did not provide a copy of the motion to his client, did not file a response and failed to appear in court on the motion. The plaintiff received a judgment of default and sanctions against the client. Farmer’s actions were found to violate Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 3.4, 8.1 and 8.4.

The law license of Shelby County attorney Michael Fearnley was transferred to disability inactive status on April 20. Fearnley may not practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court by showing that his disability has been removed.

The Tennessee Supreme Court has reinstated Washington, D.C., lawyer Marshall Dalton Collins to inactive status. The court reports that Collins filed a petition for reinstatement and paid the required reinstatement fee and all delinquent annual inactive registration fees, and the Board of Professional Responsibility found the petition to be satisfactory. Collins was reinstated to inactive status effective April 8. The court issued its order on April 15.

Sumner County attorney Beth Angel Garrison received a censure from the Tennessee Supreme Court on April 15. A client hired Garrison to prepare an agreed order for reduction of his child support, to which the other parent had agreed. Garrison prepared the order and sent it to opposing counsel, who requested minor changes, but she failed to take any action for eight months until she was contacted by the client. At that time, she prepared the revised order and sent it to the client. After the client approved, however, Garrison failed to send the agreement to opposing counsel. The court found that Garrison violated Rules of Professional Conduct 1.3, 1.4 and 1.16.

On April 13, the Tennessee Supreme Court temporarily suspended Putnam County lawyer James Nathan Hargis from the practice of law. The court took the action after finding that Hargis misappropriated client and third-party funds and poses a threat of substantial harm to the public. He immediately is precluded from accepting new cases and must cease representing existing clients by May 13. The suspension will remain in effect until dissolution or modification by the court.

The Tennessee Supreme Court has upheld permanent disbarment of Knox County attorney Elliott J. Schuchardt. Beginning in 2019, the Board of Professional Responsibility (BPR) received complaints of professional misconduct by Schuchardt, including failure to comply with local rules and submission of legally deficient filings. The BPR also found that Schuchardt refused to provide a former client with his file and made threats to members of the legal community and the disciplinary counsel. It  recommended disbarment. Schuchardt appealed to the Knox County Chancery Court, which affirmed the recommendation. Schuchardt then appealed to the Tennessee Supreme Court, challenging the constitutionality of Tennessee’s attorney-discipline system and the evidence supporting his disbarment. The court rejected the challenge, concluding that the lower court decisions were supported by substantial evidence. Schuchardt's actions were determined to violate Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4(a)-(b), 1.5(b), 1.7(a)(1), 1.16(d), 3.2, 3.3(a)(1), 3.4(c), 4.2, 4.4(a)(1), 8.1(a), 8.2(a), 8.4(c) and 8.4(d). Read more in a press release or the opinion from the court.

On April 13, the Board of Professional Responsibility of the Tennessee Supreme Court censured Cumberland County attorney Margaret Jane Powers. Powers agreed to represent a client in probating an estate. Her usual practice was to charge a security retainer and obtain the client’s signature on a fee agreement confirming that the retainer was nonrefundable. Due to an inadvertent office error, no fee agreement was signed by the client. After undertaking the representation, Powers delayed in taking action for the client. After being discharged, she declined to refund the unearned portion of her security retainer despite being aware that no fee agreement had been signed by the client providing that the fee was nonrefundable. Powers also delayed in returning prepaid litigation expenses to the client. The court found that Powers violated Rules of Professional Conduct 1.3, 1.5(f), 1.15 and 1.16(d).

Davidson County attorney Zachary Ty Carden on April 13 received a censure from the Board of Professional Responsibility of the Tennessee Supreme Court. In the first complaint, Carden represented a criminal defendant in connection with adjustment of jail credits and seeking a furlough. He delayed in taking action for the client and failed to respond to the client’s communications. In the second complaint, Carden represented a client in pursuing a custody matter. He completed limited investigation of the client’s legal claims but did not file a petition or take other legal action, and he failed to respond to his client’s communications, which ultimately resulted in the client discharging Carden. Following his discharge, Carden did not refund an appropriate portion of the client’s fee. In the third complaint, Carden represented a client in pursuing contempt sanctions in a post-divorce matter. He prepared a draft petition but did not complete any other work for the client. Carden also failed to respond to the client’s requests for information about the status of the representation. Carden was found to have violated Rules of Professional Conduct 1.3, 1.4, 1.5 and 1.16(d).

On April 7, Hawkins County lawyer Emily Cross Morley received a public censure from the Tennessee Supreme Court. Morley was hired to represent a client after a petition to recover personal property was filed against the client. The court found that Morley failed to notify the client of the trial date, which led to the court entering a judgement in favor of the opposing side in September 2024. The Supreme Court also found that Morley failed to communicate with the client about the outcome of the trial and judgment entered for 13 months. These actions were deemed to violate Rules of Professional Conduct 1.3, 1.4, 3.2 and 8.4.

Jefferson County lawyer Agnes Sipple Trujillo received a censure from the Tennessee Supreme Court on April 7. The court found that while handling an appeal, Trujillo failed to (1) file the trial transcript with the appellate court; (2) request an extension to file a response to two dismissal motions — which resulted in the client’s case being dismissed; (3) provide the client with copies of pleadings; and (4) notify the client that the case was dismissed. The court also found that the fee Trujillo charged was not reasonable based on the legal services provided. Finally, the court found that Trujillo did not return the file to the client, which hindered his ability to obtain alternate counsel. These actions violated Rules of Professional Conduct 1.1, 1.3, 1.4(a), 1.5(a), 1.15(d) and 8.4(d).