Davidson County lawyer Edward Kendall White was censured yesterday by the Tennessee Supreme Court for violating Rules of Professional Conduct 1.1, 1.3, 3.4 and 8.4(d). The court found that White failed to follow the approved process for securing an expert witness for indigent clients, which resulted in the witness being denied payment. The court also found that in representing a criminal defendant on appeal, White failed to timely file a transcript and statement of evidence, and later withdrew from representation without filing the documents.

Knox County lawyer John Michael Boucher received a public censure from the Tennessee Supreme Court on April 5. The court found that Boucher violated Rules of Professional Conduct 1.4, 1.8(a), 1.15, 3.1 and 8.4(a) while representing a client in an employment discrimination claim by removing the client’s payment from his trust account and failing to maintain good communication with the client. As a condition of the censure, the court directed Boucher to return $5,000 to his former client within 60 days of the date of the censure.

Georgia attorney Jason Wesley Lawless was reinstated to the practice of law in Tennessee last week after having been on inactive status for more than five years. The court took the action on Friday after the Board of Professional Responsibility reported that it found the petition for reinstatement to be satisfactory.

The Board of Professional Responsibility on Friday released two proposed formal ethics opinions and asked the legal community to provide comments on them. The first, FEO 2023-F-169, deals with the ethical obligations of attorneys and their firms to notify clients of their options when an attorney leaves a firm. The second, FEO 2023-F-170, deals with updated guidelines for an attorney’s acceptance of electronic payments. Comments should be submitted no later than May 1 by email to Laura Chastain or by mail to The Board of Professional Responsibility, 10 Cadillac Dr., Ste. 220, Brentwood, TN 37027.

Davidson County lawyer Melissa June Anderson was censured by the Tennessee Supreme Court yesterday after it found she failed to take reasonable steps to protect a client’s interests when withdrawing from representation. The court also found that Anderson failed to make reasonable efforts to ensure that her firm had measures in place to provide reasonable assurance that all lawyers in the firm conformed with Rules of Professional Conduct. According to the court, Anderson knew of the conduct at a time when its consequences could have been avoided or mitigated, but failed to take reasonable remedial action or provide training and oversight. Her actions were determined to violate Rules of Professional Conduct 5.1 and 1.16.

The Tennessee Supreme Court yesterday rejected a conditional guilty plea submitted by lawyer Troy Lee Bowlin saying that the recommended punishment was too harsh. Bowlin filed the plea on Feb. 13 following a complaint of misconduct. The Board of Professional Responsibility considered the complaint and proposed a term of suspension. In reviewing the proposed suspension and plea, the court said it “has concerns that the recommended punishment, in particular the period of active suspension, is too harsh.” It referred the matter back to the board for “further proceedings consistent” with its order.

The Tennessee Supreme Court today referred the case of Sumner County lawyer Andy Lamar Allman to the Board of Professional Responsibility for a determination of final discipline. Allman pled guilty to and was convicted in Davidson County Criminal Court of one count of felony theft of property valued at $60,000 or more. Because Allman is already disbarred, the court said an order for immediate suspension was not necessary.

A number of lawyers have been reinstated after being suspended for not paying required fees. They include 27 lawyers who did not pay their annual registration fee to the Board of Professional Responsibility — 15 in 2023, eight in 2022, one in 2021 and two in 2019 — and one who did not pay the inactive status fee in 2016. The TBA has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

A number of lawyers have been reinstated after being suspended for various administrative violations. They include 15 who were reinstated after being suspended for CLE violations — 13 in 2022, two in 2021 and one in 2015 — and 28 who were reinstated after being suspended for non-payment of the professional privilege tax — 24 in 2023, one in 2022, one in 2020, one in 2018 and one in 2009/2010. The TBA has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

The Tennessee Supreme Court suspended 26 attorneys on Tuesday for failure to pay the annual registration fee; 13 of them also failed to file proof that client funds are held in an IOLTA-compliant account. One attorney was suspended just for IOLTA violations. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2023 or access all administrative suspensions dating back to 2005.