TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 12, 2022
News Type: BPR Actions

White County lawyer Stephanie Branam Johnson was reinstated to the practice of law on July 8. Johnson had been suspended on June 13 for failing to respond to the Board of Professional Responsibility regarding complaints of misconduct. The board reported to the court that Johnson provided a response that was deemed sufficient for dissolution of the suspension.

Posted by: Stacey Shrader Joslin on Jul 12, 2022

The Tennessee Supreme Court last week dismissed a petition for reinstatement filed by Florida attorney David Brian Wilford. After receiving the petition, The Tennessee Board of Professional Responsibility reported to the court that Wilford had paid outstanding professional privilege taxes but remained noncompliant with continuing legal education requirements. The court sent two letters to Wilford advising him of the CLE requirements, and that the petition would be dismissed if he did not respond by July 5. The court reports that Wilford had not responded.

Posted by: Stacey Shrader Joslin on Jul 12, 2022

The Tennessee Supreme Court recently rejected a recommendation for discipline as too lenient. The Board of Professional Responsibility had recommended that Sevierville lawyer James Ralph Hickman Jr. be suspended for one year, with “no less than 90 days” to be served on active suspension and the remainder on conditional probation. The court said it was concerned that the punishment was too lenient and “not comparable to the punishment imposed in similar cases.” It also expressed concern about the indefinite language used to define the period of active suspension. The board now has 30 days to file additional information. Hickman has 20 days to file his brief, after which, the board will have 20 days to file its brief.

Posted by: Kate Prince on Jul 7, 2022
News Type: BPR Actions

The Tennessee Supreme Court yesterday disbarred Sullivan County attorney Jason R. McLellan from the practice of law. McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation, made misrepresentations to a court, engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, failed to abide by a client’s decision regarding the dismissal of a pending lawsuit, failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished, and failed to obtain the client’s informed consent before taking action. He also failed to keep client information confidential, failed to withdraw after a conflict of interest developed, allowed a third person to direct his professional judgment, failed to comply with his ethical requirements upon discharge from representation, and failed to comply with the requirements of a suspended attorney. Finally, he failed to comply with court orders, and failed to respond to disciplinary complaints. He is not eligible for reinstatement in Tennessee.

Posted by: Stacey Shrader Joslin on Jul 6, 2022
News Type: BPR Actions

A number of lawyers have been reinstated after being suspended for various administrative violations. Four were reinstated after completing required CLE hours: three from 2021 and one from 2013. In addition, 11 were reinstated after paying their annual professional privilege tax: eight from 2022, one from 2021, one from 2020 and one from 2018. Finally, 26 were reinstated after paying their annual BPR fee and/or notification that funds are held in IOLTA-approved accounts: 19 from 2022, three from 2021, and one from each of the years 2020, 2019, 2018 and 2009. The TBA has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

Posted by: Kate Prince on Jul 5, 2022
News Type: BPR Actions

Knox County lawyer Keith Allen Pope today received a public censure from the Tennessee Supreme Court’s Board of Professional Responsibility. Pope engaged in criminal conduct, pled guilty to a violation of an Order of Protection and violated his bond conditions, which the BPR wrote “reflects adversely upon his fitness as a lawyer in other respects.” The censure is conditioned on Pope complying with a Tennessee Lawyer Assistance Program monitoring agreement with mandatory reporting to Disciplinary Counsel every six months.

Posted by: Stacey Shrader Joslin on Jun 30, 2022
News Type: BPR Actions

Tallahassee, Florida, lawyer Melissa Ellen Dembicer was reinstated to the practice of law on June 27. She had been placed on inactive status on Nov. 23, 2010. The Tennessee Supreme Court found that her petition for reinstatement was satisfactory and reinstatement was appropriate. The court made the reinstatement retroactive to June 13.

Posted by: Stacey Shrader Joslin on Jun 30, 2022
News Type: BPR Actions

The Tennessee Supreme Court this week suspended 15 attorneys for failure to pay the annual registration fee; 11 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the June 28 fee suspension order and IOLTA suspension order. See the list of all lawyers suspended for fee and IOLTA violations in 2022 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on Jun 27, 2022
News Type: BPR Actions, Legal News

Brentwood attorney Connie Reguli was sentenced to probation and jail on Friday following her conviction earlier this year in a 2018 case that saw a missing child recovered from her home. According to the Nashville Post, Reguli was sentenced to two years of supervised probation and 30 days in the Williamson County Jail for her two felony convictions. She also received 11 months and 29 days of a suspended sentence after 30 days served for the misdemeanor charge, all of which will run concurrently. Reguli remains free on bond and will have a motions hearing in August for a new trial that she is seeking, as she previously said that she will appeal her conviction. Reguli remains suspended from the practice of law while the Board of Professional Responsibility determines final action on her case.

Posted by: Kate Prince on Jun 21, 2022
News Type: BPR Actions

Stanley Douglas Darnell was last week censured by the Board of Professional Responsibility of the Tennessee Supreme Court. Darnell failed to provide sufficient oversight of his legal assistant, who prepared a forged final decree and letter without Darnell’s knowledge. He also did not have protocols in place sufficient to reveal that the client’s divorce petition hadn’t been filed. Darnell also received a flat fee for the representation and failed to place the unearned funds in his trust account at the beginning of the representation. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.


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