The Tennessee Supreme Court has suspended Shelby County attorney Gerald D. Waggoner Jr. from the practice of law in Tennessee for two years with 18 months to be served on active suspension and the remainder on probation. Waggoner also must engage a practice monitor, pay restitution and complete 12 additional hours of CLE in ethics or handling client property.

Sullivan County lawyer Ricky A. W. Curtis received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. The court found that Curtis violated Rules of Professional Conduct 1.3 (diligence), 3.4(c) (fairness to opposing party and counsel) and 8.4(d) (prejudice to the administration of justice).

Shelby County lawyer Urura W. Mayers was permanently disbarred from the practice of law Friday by the Tennessee Supreme Court. After a hearing on the disciplinary petition, a hearing panel determined Mayers withdrew client funds from her trust account without authorization on multiple occasions and used those client funds to gamble at casinos, and attempted to deceive investigators by making false factual statements and submitting altered bank records. After being temporarily suspended from the practice of law pursuant to Tennessee Supreme Court Rule 9, § 12.3, for misappropriating funds and posing a threat of substantial harm to the public, Mayers failed to comply with Tennessee Supreme Court Rule 9, § 28 requirements for suspended attorneys by failing to notify the courts, opposing counsel and clients of her suspension. Mayers continued to engage in the unauthorized practice of law for an extended period of time, failed to respond to subsequent lawful board requests for information and failed to participate in the disciplinary process.

Knox County lawyer James Edward Foglesong was permanently disbarred from the practice of law today. The Tennessee Supreme Court reported that Foglesong consented to disbarment because he could not successfully defend himself against pending disciplinary charges. The court found that Foglesong continued to accept and deposit a client’s pension checks after the client died. He also used his power of attorney to withdraw funds for his own use for five years. His conduct was determined to violate Rules of Professional Conduct 1.15 and 8.4(b). Foglesong pled guilty to a class D felony theft in April and received judicial diversion. He has been suspended since March 15, 2021, for failing to pay the state professional privilege tax.

Sullivan County lawyer Samuel Ervin White was suspended from the practice of law today after the Tennessee Supreme Court found that he misappropriated funds for his personal use and posed a threat of substantial harm to the public. White is immediately precluded from accepting new cases and must cease representing existing clients by July 30. The suspension will remain in effect until dissolution or modification by the court.

The Tennessee Supreme Court today affirmed a one-year suspension for Sevier County attorney James Ralph Hickman Jr., but increased the length of time to be spent on active suspension. The Board of Professional Responsibility (BPR) had recommended that Hickman serve at least 90 days on active suspension with the remainder on probation. It also imposed several conditions of probation, including that Hickman be under the supervision of a practice monitor and complete 15 additional hours of CLE in estate management. Finally, it required that any violation of the conditions result in automatic reversion to active suspension. The court changed the BPR’s recommendation in two ways: it increased the length of active suspension to six months and removed the requirement that a violation of probation automatically reverts his case to active suspension. Hickman’s conduct was determined to violate Tennessee Rules of Professional Conduct 1.5(a), 3.3(a)(1) and RPC 8.4(c). Read more in a press release from court or the opinion.

Knox County lawyer Keri Elizabeth Rule was reinstated to inactive status from disability inactive status on June 23. The Tennessee Supreme Court ordered that Rule stay on inactive status until further order.

The Tennessee Supreme Court reinstated two lawyers to the practice of law in Tennessee on June 22 after they were on inactive status for more than five years. Knox County lawyer Michael T. Gilmore was reinstated after being on inactive status since August 2014. The court made the reinstatement effective as of June 5. Kentucky lawyer Susan Michele Wilson was reinstated after being on inactive status since April 2012. The court made her reinstatement effective as of June 8.

The Tennessee Supreme Court suspended 16 attorneys last week for failure to pay the annual registration fee; seven 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.

The state Supreme Court today permanently disbarred A. Sais Phillips Finney from the practice of law in Tennessee and ordered her to pay all costs incurred to the Board of Professional Responsibility. After final default hearing upon the disciplinary petition the hearing panel determined by a preponderance of the evidence that Finney failed to act diligently in the representation, failed to reasonably communicate with her clients regarding the status of their case, charged an unreasonable fee for the work performed, failed to refund all or a portion of client funds, failed to hold client funds in trust account, failed to respond to the disciplinary complaints and inquiries from the Board’s disciplinary counsel and knowingly violated the Tennessee Rules of Professional Conduct. Finney must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28.1 regarding the obligations and responsibilities of disbarred attorneys.