The Tennessee Supreme Court suspended eight attorneys on Monday for failure to pay the annual registration fee; three of them 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 2023 or access all administrative suspensions dating back to 2005.

Rutherford County lawyer Jimmy Leo Richardson received a public censure from the Tennessee Supreme Court today. Richardson was appointed to represent a father in a dependency and neglect petition involving a child but ceased representing the father. He then began representing the mother in an action to modify the permanent parenting plan. The court found that the two matters were substantially related, that the mother’s interests were materially adverse to the father’s interests, and the father did not give informed consent in writing for Richardson to represent the mother. The court found Richardson’s actions violated Rule of Professional Conduct 1.9.

Davidson County lawyer Kevin McLean Kelly received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court today for violating Rule of Professional Conduct 1.3 (diligence); 1.4 (communication); 1.16 (terminating representation); and 3.2 (expediting litigation). Kelly failed to stay abreast of a Tennessee Court of Criminal Appeals opinion issued on Nov. 30, 2020, failed to apprise his client of the opinion and failed to preserve his client’s right to appeal. Kelly also did not timely withdraw from the representation, which would have allowed his client to retain new appellate counsel or proceed pro se.

Knox County lawyer Darren Vincent Berg was temporarily suspended from the practice of law today in Tennessee. The court took the action upon finding that Berg poses a threat of substantial harm to the public. Berg is immediately precluded from accepting any new cases and must cease representing existing clients by Aug. 24. After that date, Berg shall not use any indicia of lawyer, legal assistant or law clerk, nor maintain a presence where the practice of law is conducted.

Knox County lawyer Charles Scott Justice received a public censure from the Tennessee Supreme Court yesterday. Justice filed a lawsuit for a client alleging faulty construction of a deck at the client’s residence. The trial date was continued several times and then taken off the court’s active docket. For several months, the client contacted Justice about the status of the matter with no substantive response. Justice sent an email to the client stating that he wanted to withdraw from the matter, but the client did not receive the email. Justice did not move to withdraw from the case and took no further action. The court found that these actions violated Rules of Professional Conduct 1.16, 3.2, 1.3, 1.4 and 8.4(d).

The Tennessee Supreme Court issued a public censure for Craig Thomas Phelps yesterday. Phelps, who is licensed in Tennessee, is serving in the U.S. Air Force in Montana. The court found that though Phelps intended to file a motion to place his license on military exempt status he did not do so. Believing that he did take this action, Phelps did not pay his annual registration fee for 2021. His license was suspended for failure to pay the fee but he continued to practice law. On March 7, 2022, he stopped practicing law. The court found his actions violated Rule of Professional Conduct 5.5.

Wilson County lawyer Lindsey Leigh Lawrence received a public censure from the Tennessee Supreme Court today. The court took the action after determining that Lawrence failed to pursue her client’s legal objectives and did not maintain good communication with her client. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 8.4(b) and 8.4(d). The court also found that Lawrence posted videos of herself smoking marijuana while identifying herself as a lawyer. By openly engaging in conduct that is criminally actionable in Tennessee, Lawrence demonstrated a lack of respect for the law and legal institutions, the court said.

Carter County lawyer Kristi Lea Norris Johnson received a public censure today from the Tennessee Supreme Court. Clients hired Johnson in January 2016 on a car wreck matter and she filed a lawsuit on Jan. 30, 2017. The case was set for trial in 2019 and 2020 and continued each time. Johnson filed a nonsuit of the case on Dec. 1, 2021. In June 2022, the clients discovered the nonsuit and terminated the representation. The court determined that these actions violated Rules of Professional Conduct 1.2, 1.3, 1.4, 3.2 and 8.4(d).

Sullivan County lawyer Samuel Ervin White was suspended from the practice of law on June 30 after the Tennessee Supreme Court found that he misappropriated funds for his personal use and posed a threat of substantial harm to the public. On July 6, White filed documentation with the court that he repaid the funds at issue and had brought the matter to a “complete resolution.” He asked the court on July 10 to either dissolve the suspension or provide an additional 30 days to make all required notices of the suspension. White noted that he has the three upcoming jury trials and numerous criminal defense appointments through the end of the year. The court granted the extension and directed the Board of Professional Responsibility to consider his dissolution request “with the utmost speed consistent with due process."

The Tennessee Supreme Court on Monday extended a monitoring agreement requirement for Shelby County lawyer Philip Logan Wyatt in conjunction with a petition for conditional admission. Wyatt now must remain in substantial compliance with an agreement from the Tennessee Lawyers Assistance Program until May 20, 2027.