TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 25, 2023
News Type: BPR Actions

Shelby County lawyer Patrick E. Stegall received a public censure from the Tennessee Supreme Court today. The court found that while representing a client on criminal charges in an appellate proceeding , Stegall failed to file the trial court transcript. He then failed to file a motion to extend the filing deadline. A show cause proceeding resulted in an order finding Stegall in contempt. The court found that his actions violated Rules of Professional Conduct 1.3, 3.2 and 3.4(c).

Posted by: Kate Prince on Jan 24, 2023
News Type: BPR Actions

Davidson County lawyer Dana L. Nero was yesterday reinstated to the practice of law by the Tennessee Supreme Court. Nero had been suspended in October for failing to respond to the Board of Professional Responsibility concerning a complaint of misconduct. Earlier this month, Nero filed a petition to lift the suspension and, after the BPR acknowledged the reason for Nero’s suspension had been resolved, the Supreme Court dissolved the temporary suspension.

Posted by: Kate Prince on Jan 24, 2023
News Type: BPR Actions

Hamilton County lawyer David James Fulton was yesterday publicly censured by the Board of Professional Responsibility of the Tennessee Supreme Court. Fulton filed Chapter 7 bankruptcy documents for a client without having the client sign hard copies of the documents. Fulton then filed eight documents that included his client’s electronic signature. Local Rules for the Bankruptcy Court require the attorney to maintain an original signature for any document electronically signed by the client. Fulton later submitted new filings with the court that did have original signatures. He was sanctioned by the court for these actions, but the client’s bankruptcy was completed.

Posted by: Stacey Shrader Joslin on Jan 23, 2023
News Type: BPR Actions

Shelby County lawyer Paul Forrest Craig was censured by the Tennessee Supreme Court today. The court found that Craig failed to effectuate service of process in a timely manner or otherwise advance a civil action on behalf of his client. After receiving notice from the court that the case would be dismissed unless action was taken, Craig also failed to file any motion seeking to preserve the case. Finally, he misread the order of dismissal as being “without prejudice” and negligently informed his client that she had one year to refile her complaint. Craig agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4 and 3.2.

Posted by: Kate Prince on Jan 19, 2023
News Type: BPR Actions

Williamson County lawyer J. Russell Helman was today publicly censured by the Board of Professional Responsibility. Heldman filed two motions to recuse the trial judge in a contentious divorce case, both of which were denied. Meanwhile, the opposing party was awarded attorney fees and later filed a motion to satisfy that award by disbursing funds held by the court from a sale of a piece of marital property. Heldman opposed that motion. The court orally granted the opposing party’s motion, but before the order was entered, Heldman filed a third motion to recuse the trial judge. The motion included arguments that had not been raised in the trial court and arguments that addressed issues previously raised in the earlier motions for recusal. The court of appeals denied the third motion to recuse and held that the motion was frivolous.

Posted by: Stacey Shrader Joslin on Jan 17, 2023
News Type: BPR Actions

The Tennessee Supreme Court on Friday suspended 22 attorneys for failure to pay the annual registration fee; 12 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the January fee suspension order and January 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.

Posted by: Stacey Shrader Joslin on Jan 13, 2023
News Type: BPR Actions

Three Tennessee lawyers recently were reinstated to active status from inactive status. Williamson County lawyer John Citrin Cascarano was reinstated as of Jan. 5 after being on inactive status since Aug. 12, 2016. The court issued the order today. Hamilton County lawyer Barbara Allison Edgmon Cromie was reinstated as of Dec. 27, 2022, after being on inactive status since Nov. 7, 2017. The court issued that order on Tuesday. Finally, Haywood County lawyer Sarah Harberg Levy was reinstated as of Dec. 27, 2022, after being on inactive status since Sept. 3, 2013. The court issued that order on Tuesday as well.

Posted by: Stacey Shrader Joslin on Jan 13, 2023
News Type: BPR Actions

Monroe County lawyer Derek Timothy Green received a public censure today from the Tennessee Supreme Court. Green was hired to file a residential eviction for a client. He did not file the eviction but told the client he had. He also told the client to appear in court on four specific dates. The client went to court as instructed but the matter was not on the docket. Green then informed the client that the warrant had not been filed and refunded the client’s fee. Green eventually filed the warrant and received a judgment for possession and damages for the client. His actions were deemed to violate Rules of Professional Conduct 1.3 and 8.4(c).

Posted by: Stacey Shrader Joslin on Jan 13, 2023
News Type: BPR Actions

Williamson County lawyer Joanie Lucie Abernathy received a public censure today from the Tennessee Supreme Court. The court reports that while representing a client in a contentious divorce, Abernathy filed a number of motions to recuse the trial judge. The third such motion was filed with the Court of Appeals and included “arguments that had not been raised in the trial court.” The appeals court denied the motion and held that the motion was frivolous. Abernathy’s actions were deemed to violate Rules of Professional Conduct 3.1, 3.4 and 8.4(d).

Posted by: Stacey Shrader Joslin on Jan 11, 2023
News Type: BPR Actions

The Tennessee Supreme Court on Monday issued an order referring the case of Cocke County lawyer Charlotte Ann Leibrock to the Board of Professional Responsibility. Leibrock previously pled guilty to and was adjudged guilty of disorderly conduct, a Class C misdemeanor, in the Cocke County General Sessions Court. The court directed the board to take whatever action it deems warranted.


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