S. Brad Dozier, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Dozier represented a client in probating an estate, and in the reopening of a recently concluded probate proceeding. Dozier delayed in taking proper action in both matters and failed to respond to his client’s communications. In the probate proceeding where Dozier filed a petition to reopen the estate, he additionally failed to seek leave of court to withdraw after being discharged by his client. By these acts, Dozier has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication) and 1.16(a) (duties following discharge).

Don Anthony Handley, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Handley settled a personal injury case in January 2019. Handley’s support staff assigned to the file inadvertently failed to deposit the settlement check received from the insurance carrier for the at-fault driver, and the error was not identified until July 2022. The error later resulted in an overdraft on Handley’s trust account. Handley’s failure to identify the error evidences a breach of his obligation to create and maintain appropriate trust account management protocols, as well as his duty to appropriately train and supervise his staff. By these acts, Handley has violated Rules of Professional Conduct 1.15 (safekeeping client funds and property) and 5.1 (managerial and supervisory responsibilities).

Christopher P. Westmoreland, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Westmoreland was hired to probate two estates for the mother and father of his client. Westmoreland agreed to represent the client on both matters for a 7% contingency fee of the value of the assets in the estates, but his fee was not agreed to in a writing signed by his client. Respondent’s fee was otherwise reasonable and earned in the matters. By these acts, Westmoreland has violated Rule of Professional Conduct 1.5 (fees).

Matthew Hollingshead-Cook, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Hollingshead-Cook received settlement funds from a client and deposited them into his trust account. He then took a break from practicing law and did not give the client her settlement funds for more than three years. The funds remained in trust during the interim. In another client matter, Hollingshead-Cook deposited client funds into his trust account which were a distribution from an estate but did not remit the funds to his client for almost two years. By these acts, Matthew Hollingshead-Cook, has violated Rules of Professional Conduct 1.15 (safekeeping funds), 1.3 (diligence), 1.4 (communication), and 1.16 (termination of representation).

Washington County lawyer Brett Nathaniel Mayes received a public censure from the Tennessee Supreme Court Tuesday. The court took the action after finding that Mayes, under the penalty of perjury, falsely stated on two “Statement of Interest” forms from the Tennessee Ethics Commission that he had never filed bankruptcy. He had in fact filed bankruptcy in 2019. Mayes was required to complete the form while serving on a local planning commission. The court determined that his conduct violated Rule of Professional Conduct 8.4(c).

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.