Tennessee Comptroller of the Treasury's May 2000 audit of
the Board of Professional Responsibility

Tennessee Board of Professional Responsibility's
2001 annual report (Nov. 1, 2001)

2006 Alphabetical

Culp, Walter Ray a Franklin lawyer, was summarily suspended from the practice of law by the Tennessee Supreme Court on April 3, 2006.  Mr. Culp pled guilty to a serious crime, i.e., the offense of extortion, on February 14, 2006.

Culp, Walter Ray a Franklin lawyer, was summarily suspended from the practice of law by the Tennessee Supreme Court on April 3, 2006.  Mr. Culp pled guilty to a serious crime, i.e., the offense of extortion, on February 14, 2006.

Bush, Charles E., of Clarksville, was transferred to disability inactive status. Mr. Bush's disability arises out of a medical condition which incapacitates him from continuing the practice of law. (Feb. 9, 2005)

Shaw, Clark L., of Nashville, was publicly censured by the Board of Professional Responsibility for failing to take prompt action on behalf of a client’s request for a restraining order.  In addition, Shaw failed to promptly address a problem with an order that had been entered that was contrary to the Court’s original order.  The respondent did file a motion to amend this order which was eventually granted by the Court some months later.  The client also complained that Shaw failed to respond to his request for information.   Mr. Shaw also failed to provide the client with the requested itemized statement regarding Shaw’s bill. (February 11, 2005)

Officer, Albert F, III, of Cookeville, was reinstated to the practice of law by order of the Tennessee Supreme Court. Mr. Officer had been suspended by the Supreme Court on June 5, 2001, for three and one-half years retroactive to April 7, 1999, the date on which he had previously been temporarily suspended by the Supreme Court. Mr. Officer's license to practice law be reinstated on the stated conditions.  Mr. Officer has entered into a contract with Cookeville lawyer Martelia T. Crawford to serve as Practice Monitor for Mr. Officer. (February 18, 2005)

Ballentine, Emilia Green, of Memphis, was suspended from the practice of law for one year by Order of the Tennessee Supreme Court, effective March 6, 2005.  Ballentine had previously been temporarily suspended from the practice of law on July 3, 2003 for failure to respond to a complaint of misconduct, and administratively suspended from the practice due to her failure to comply with the rule on mandatory continuing legal education on January 29, 2002. A petition for discipline was filed by the Board of Professional Responsibility against Ballentine on November 3, 2003 alleging that she continued to practice law at the Suskind, Susser firm through March of 2003 even though her law license had been in a continuous state of suspension since January 29, 2002 for failure to obtain mandatory minimum CLE.  When Ballentine failed to respond to the petition, a motion for default judgment was filed and granted against her on September 8, 2004.  (February 23, 2005)

Jessup, William Eugene, formerly a Chattanooga attorney, received a Public Censure from the Board of Professional Responsibility, for charging a client an excessive fee.  Mr. Jessup was engaged in 1996 to enroll a foreign judgment and sue his client's ex-husband for contempt.  The case was highly contested.  Mr. Jessup was successful in obtaining judgment on behalf of his client.  Mr. Jessup charged a fee of in excess of $41,000.00 for time and expenses expended on the case, of which Mr. Jessup had been paid $17,418.00.  On May 18, 1998, Mr. Jessup filed suit against the client for the balance of his fees.  The client filed a counter-claim against Mr. Jessup claiming that Mr. Jessup had charged a clearly excessive fee for that type of case.  The case was tried before a jury on September 25, 2001, and the jury found that Mr. Jessup attempted to collect a clearly excessive fee. (March 4, 2005)

Whiteside, Thomas L., of Brentwood, was disbarred by order of the Supreme Court of Tennessee. Previously on January 28, 2004, the Supreme Court temporarily suspended Mr. Whiteside’s right to practice for failure to respond to a disciplinary complaint. A petition for discipline involving three disciplinary complaints was filed on June 28, 2004.  On August 12, 2004, a motion for default judgment on the petition for discipline was filed. The hearing panel found that the respondent abandoned his law practice, knowingly failed to perform services to clients and neglected legal matters of clients causing serious injury to his clients.  The hearing panel found that Whiteside took client funds under false pretenses and deceived his clients. (March 4, 2005)

Church, Christine Zellar, of Clarksville, Tennessee, received a Public Censure from the Board of Professional Responsibility.  Church was given notice of this censure and did not request a hearing.  The Board censured Church for making unclear statements and failing to clarify facts to the Complainant’s current employer regarding whether the Complainant had been fired  by her two previous employers.  Church’s actions violate Rule 8.4(c) of the Tennessee Rules of Professional Conduct and for these violations the Board censures Church.  The censure declares Church’s actions to be improper but does not limit her right to practice law. (March 7, 2005)

Kennedy, James L., a Knoxville attorney, was suspended from the practice of law in Tennessee for 90 days. Mr. Kennedy failed to act with reasonable diligence and promptness in representing a client with regard to an estate and failed to keep the client reasonably informed regarding that matter.  Mr. Kennedy had been administratively suspended from the practice of law by Order of the Supreme Court entered February 16, 2000, for non-compliance with Continuing Legal Education requirements, but continued to practice law while on suspended status.  Mr. Kennedy admitted violating DR 1-102(A)(1)(5)(6), DR 3-101(B), DR 6-101(A)(2)(3), and DR 7-101(A) of the Code of Professional Responsibility and Rules of Professional Conduct 1.3, 5.5, and 8.4(d). (July 12, 2005)

Rainwater, John Earl, a Knoxville attorney, has been reinstated to the practice of law by Order of the Tennessee Supreme Court.  Mr. Rainwater was temporarily suspended from the practice of law by Order of the Supreme Court on April 22, 2005, for failing to respond to a complaint of misconduct.  On May 23, 2005, Mr. Rainwater filed a Petition to Dissolve Temporary Suspension and a response to the complaint.  A hearing was conducted on June 17, 2005.  On June 27, 2005, the Hearing Panel recommended that the temporary suspension be dissolved.  In the July 20, 2005, Order, the Supreme Court required Mr. Rainwater to pay to the Board of Professional Responsibility and to the Appellate Court Clerk the costs and expenses of this proceeding. ( July 20, 2005)

 2005 Alphabetical

Arnold, Rebecca C., a Memphis lawyer, has been temporarily suspended from the practice of law by order of the Tennessee Supreme Court.  The Court suspended Arnold based upon a petition filed by the Board of Professional Responsibility alleging that she failed to substantially comply with a contract she entered into with the Tennessee Lawyers Assistance Program. (Feb. 3, 2005)

Ballentine, Emilia Green, of Memphis, was suspended from the practice of law for one year by Order of the Tennessee Supreme Court, effective March 6, 2005.  Ballentine had previously been temporarily suspended from the practice of law on July 3, 2003 for failure to respond to a complaint of misconduct, and administratively suspended from the practice due to her failure to comply with the rule on mandatory continuing legal education on January 29, 2002. A petition for discipline was filed by the Board of Professional Responsibility against Ballentine on November 3, 2003 alleging that she continued to practice law at the Suskind, Susser firm through March of 2003 even though her law license had been in a continuous state of suspension since January 29, 2002 for failure to obtain mandatory minimum CLE.  When Ballentine failed to respond to the petition, a motion for default judgment was filed and granted against her on September 8, 2004.  (February 23, 2005)

Barnett, Stanley R., a Knoxville attorney, was suspended from the practice of law in this state for a period of three years retroactive to April 1, 2002.A Petition for Discipline had been filed against Mr. Barnett by the Board of Professional Responsibility on May 12, 2003.  On June 14, 2005, Mr. Barnett entered into a Conditional Plea of Guilty with the Board of Professional Responsibility to resolve the Petition for Discipline in exchange for the three-year suspension.  Mr. Barnett failed to comply with the court-ordered conditions on his earlier reinstatement, failed to refund an unearned portion of a fee to a client upon being terminated, failed to appear at scheduled court dates in cases where he was counsel of record, neglected cases and failed to communicate with his clients, failed to return one client's file upon request after being terminated, failed to respond to requests for information from the Office of Disciplinary Counsel, and failed notify his clients of his interim suspension as required by the Supreme Court Rules. (July 12, 2005)

Barnwell, Howard Brownlow, a Chattanooga attorney, received a Public Censure from the Board of Professional Responsibility after voluntarily dismissing a case for which he was representing a client.  Mr. Barnwell failed to re-file the case within the one year permitted by the savings statute.  Mr. Barnwell's conduct violated DR 1-102(A)(1)(6), DR 6-101(A)(2), and DR 7-101(A)(1)(3) of the Code of Professional Responsibility. (May 16, 2005)

Boyd, Arch B III, of Memphis, was on the receiving end of a public censure from the Tennessee Board of Professional Responsibility. He did not request a hearing.  Respondent neglected his legal matter, failed to adequately communicate with his client and failed to refund any monies after being terminated.  The Board issued the public censure on the condition that Boyd submit the fee matter to the Memphis Bar Association Fee Dispute Committee to determine whether a refund is due and if so, in what amount.  The Board determined that Boyd’s conduct was in violation of DR 1-102(A)(1)(5)(6); DR 6-101(A)(3) and DR 7-101(A)(1)(2)(3)(4) of the Code of Professional Responsibility.  A public censure is a form of discipline that declares the conduct of the lawyer improper but does not limit the lawyer’s right to practice law. (April 14, 2005)

Brown, Gloria Jean, a Knoxville lawyer, had her law license suspended by the Supreme Court of Tennessee for one year. The suspension is based on two petitions for discipline filed by Disciplinary Counsel pursuant to Rule 9, Rules of the Supreme Court. Ms. Brown did not file an answer to either petition and a default judgment was granted. Ms. Brown was retained to represent Rita Ellis in a criminal matter.  She neglected her case and failed to adequately communicate with her.  She was cited in contempt by the Anderson County Chancery Court for her failure to appear at a hearing in said court.  She also failed to appear on behalf of her client, Patricia Lynn Smith, in Loudon County General Sessions Court.  In several cases, the courts and opposing counsel were unable to contact Ms. Brown.  Letters were returned or unanswered.  Similarly she did return her phone calls. Ms. Brown was also guilty of other allegations which were not charges of neglect.  She filed a frivolous action against employees of the Domestic Violence Crisis Center in Lenoir City.   Ms. Brown further acted in a bizarre manner by cursing and/or screaming at opposing counsel and staff of the Disciplinary Counsel.  Her license was suspended for her failure to obtain sufficient continuing legal education hours, but she continued to practice law. (Jan. 26, 2005)

Bush, Charles E., of Clarksville, was transferred to disability inactive status. Mr. Bush's disability arises out of a medical condition which incapacitates him from continuing the practice of law. (Feb. 9, 2005)

Cain, Leroy, Jr., of Nashville, has been suspended from the practice of law for nine months by the Supreme Court of Tennessee. The Court also ordered Cain to make restitution of $150 to one client and restitution in the amount of $415 to a second client within thirty (30) days of the Supreme Court’s Order. The Supreme Court suspended Cain for Cain’s continued practice of law while on suspension.  Cain was suspended by the Tennessee Supreme Court on December 17, 2002 for non-compliance with his continuing legal education requirements, however, Cain continued practicing law after being suspended.  Cain failed to withdraw after being suspended; made misrepresentations to and failed to adequately communicate with clients, courts, opposing counsel and the Board of Professional Responsibility; accepted fees while suspended; disclosed client confidences and neglected client matters. On July 7, 2005 until April 7, 2006, Cain shall not use any indicia of lawyer, legal assistant or law clerk nor maintain a presence where the practice of law is conducted.  Section 18 of Tennessee Supreme Court Rule 9 requires Cain to notify all clients that are being represented in pending matters; all counsel and opposing counsel of the Supreme Court’s Order suspending him.  Section 18 of Rule 9, Rules of the Supreme Court, also requires Cain to deliver to all clients any papers or property to which they are entitled. (June 27, 2005)

Church, Christine Zellar, of Clarksville, Tennessee, received a Public Censure from the Board of Professional Responsibility.  Church was given notice of this censure and did not request a hearing.  The Board censured Church for making unclear statements and failing to clarify facts to the Complainant’s current employer regarding whether the Complainant had been fired  by her two previous employers.  Church’s actions violate Rule 8.4(c) of the Tennessee Rules of Professional Conduct and for these violations the Board censures Church.  The censure declares Church’s actions to be improper but does not limit her right to practice law. (March 7, 2005)

Cohn, William A., a Cordova attorney, was suspended by the Supreme Court for 90 days. (Jan. 10, 2005)

Crawford, Scott Eric, a Memphis attorney, was immediately suspended from the practice of law pursuant to Section 14 of Tennessee Supreme Court Rule 9, pending further orders of the Tennessee Supreme Court.  Crawford’s suspension resulted from his plea of guilty in the United States District Court for the Western District of Tennessee at Memphis on March 13, 2005 to several charges constituting serious crimes. Crawford pleaded guilty to seven counts of laundering drug money through his law practice, and to an array of bribery, possessing an illegal handgun, and obstruction of justice charges.  The Court further ordered that a formal disciplinary proceeding be instituted in which the sole issue to be determined will be the extent of final discipline.  Crawford will remain suspended pending resolution of that formal proceeding. Crawford has been subject to a prior Supreme Court order temporarily suspending his law license filed on March 19, 2004, because his continued practice after being indicted on some of the federal charges posed a risk of irreparable harm to the general public, pursuant to Section 4.3 of Tennessee Supreme Court Rule 9.  According to the March 19, 2004 temporary suspension order, Crawford was not entitled to petition the Supreme Court for dissolution or modification of said order unless he was acquitted of the federal charges or unless they were dismissed by the US District Court. (July 5, 2005)

Crowe, Denvil F, Jr.,  a Nashville lawyer, was censured by the Board of Professional Responsibility , for failure to contact his Chapter 13 Bankruptcy clients directly to inform them how to contact him after closing his Nashville office and relocating to Tupelo, Mississippi.  Crowe violated Rules 1.1; 1.2; 1.3; 1.4; 1.5 and 8.4 of the Tennessee Rules of Professional Conduct.  The imposition of this censure declares Crowe’s actions to be improper ethical conduct, but does not limit his right to practice law. (May 19, 2005)

Dolan, John Louis, a Memphis attorney, has been temporarily suspended from the practice of law in Tennessee by Order of the Supreme Court.   The Court suspended Dolan based upon a Petition filed by the Board of Professional Responsibility alleging that he failed to respond to Disciplinary Counsel or to the Board concerning a complaint of misconduct. This suspension was issued pursuant to Section 4.3 of Tennessee Supreme Court Rule 9.  Dolan is precluded from accepting any new clients after May 26, 2005, and is also precluded from representing present clients after June 25, 2005.  After June 25, 2005, Dolan shall furthermore not use any indicia of lawyer, legal assistant or law clerk, nor maintain a presence where the practice of law is conducted. Section 18 of Tennessee Supreme Court Rule 9 requires Dolan to notify by registered or certified mail all clients being represented in pending matters; all co-counsel and opposing counsel of the Supreme Court’s Order suspending him.  Section 18 also requires Dolan to deliver to all clients any papers or property to which they are entitled. This suspension shall remain in effect until it is dissolved or amended by Order of the Supreme Court. (May 26, 2005)

Fisher, James B, Jr., of Memphis, was publicly censured by the Board of Professional Responsibility on .  The censure was issued by the Board pursuant to Rule 9, Section 8 of the Rules of the Tennessee Supreme Court.  Fisher did not request a hearing on the matter. A complaint alleging ethical misconduct was filed against Fisher and the Board’s investigation revealed that he had consistently used his IOLTA escrow account for a very large number of personal transactions unrelated to his law practice from January, 1998 through July of 2004. Fisher ceased this activity in August of 2004. The Board found no actual misappropriation of entrusted funds on Fisher’s part, and found somewhat mitigating his acceptance of responsibility and his acknowledgment that such commingling was ethically improper.  Fisher’s substantial experience in the practice of law (licensed to practice in 1978) was considered an aggravating circumstance in this matter. (May 25, 2005)

Fitzgerald, Michael D.,  a Memphis lawyer,  was censured by the Board of Professional Responsibility. Fitzgerald failed to keep trust account records as required by Section 29 of Supreme Court Rule 9 and Rule 1.15 of the Tennessee Rules of Professional Conduct making it impossible to determine if Fitzgerald was handling trust funds correctly. (April 13, 2005)

Gilmer, Michael E., a Columbia lawyer, was suspended by the Supreme Court (Jan. 13, 2005)

Hodges, Warner, III, a Memphis attorney, was suspended from practicing law for one year, retroactive to October 1, 2004, by the Supreme Court of Tennessee.  The Supreme Court further ordered that Hodges shall continue in his monitoring agreement with Tennessee Lawyers Assistance Program (TLAP) upon terms and conditions recommended by TLAP, for a period of five (5) years, with any reported incidence of non-compliance constituting immediate grounds for summary suspension. Disciplinary Counsel filed a Petition for Discipline pursuant to Rule 9, Rules of the Supreme Court of Tennessee.  Pursuant to Section 16.1 of Tennessee Supreme Court Rule 9, Hodges submitted a Conditional Guilty Plea admitting he had been out of compliance with his contract with Tennessee Lawyers Assistance Program (TLAP) and that he had practiced law after having been suspended by the Tennessee Supreme Court.  The Board of Professional Responsibility approved the plea and the Tennessee Supreme Court accepted its recommendation. The Supreme Court also ordered that Hodges comply with Section 18 of Tennessee Supreme Court Rule 9 which requires Hodges to notify by registered or certified mail all clients being represented in pending matters, all co-counsel and opposing counsel of the Supreme Court’s Order suspending his license.  Section 18 also requires Hodges to deliver to all clients any papers or property to which they are entitled. (July 11, 2005)

Hornick, Joseph L., of Dickson, had a run in with the Supreme Court of Tennessee, and Hornick lost. The Court entered an Order suspending the law license of Joseph L. Hornick for a period of forty-five (45) days beginning July 1, 2005. The Board of Professional Responsibility filed a Petition for Discipline against Hornick pursuant to Rule 9, Rules of the Supreme Court of Tennessee.  The Board’s Petition charged Hornick with neglect and failure to act with reasonable diligence and promptness in filing a client’s divorce and then paying the client’s court cost.  The Petition also charged Hornick with misinforming his client regarding payment of the court cost.  The Board of Professional Responsibility filed a Supplemental Petition for Discipline against Hornick which alleged that Hornick had made false and misleading statements to the Board of Professional Responsibility.  Hornick submitted a Conditional Guilty Plea in exchange for a stated form of discipline.  The discipline Hornick agreed to, which was approved by a Hearing Panel, the Board and the Court, was that Hornick would be suspended for forty-five (45) days; and have a practice monitor for a period of one (1) year who shall provide monthly reports to the Board.  (May 12, 2005)

James, David D., Jr., formerly of Memphis and currently residing in Olive Branch, MS, was suspended from the practice of law for one year effective July 10, 2005, by Order of the Tennessee Supreme Court.  James had previously been temporarily suspended from the practice of law on June 16, 2004 for failure to respond to a complaint of misconduct, and on June 23, 2003, the Board placed his law license on inactive status due to his own request. A petition for discipline was filed by the Board against James on November 2, 2004 alleging that he acknowledged receipt of $250 in attorney fees from a client in September, 2002 for him to add a creditor to her prior Chapter 7 Bankruptcy.  The petition also alleged that James did not file the requested Motion to Reopen the client’s bankruptcy matter, but kept the $250 paid to him.  James failed to respond to the petition, and accordingly, a motion for default judgment was filed and granted against him on March 30, 2005. A hearing on the petition for discipline as to disciplinary sanction was conducted before a Hearing Panel of the Board on March 30, 2005.  James did not appear at the hearing.  The Hearing Panel in its April 11, 2005 Judgment found that James violated the Code of Professional Responsibility, and the Tennessee Rules of Professional Conduct due to his failure to perform or to communicate with his client, his neglect of her matter, and his apparent misappropriation of the client’s fees.  The Panel also found that his evading properly addressed certified mail and his failure to cooperate, answer or defend, his indifference to making restitution to the client, and his substantial experience in the practice of law were aggravating circumstances in this case. (June 30, 2005)

Jessup, William Eugene, formerly a Chattanooga attorney, received a Public Censure from the Board of Professional Responsibility, for charging a client an excessive fee.  Mr. Jessup was engaged in 1996 to enroll a foreign judgment and sue his client's ex-husband for contempt.  The case was highly contested.  Mr. Jessup was successful in obtaining judgment on behalf of his client.  Mr. Jessup charged a fee of in excess of $41,000.00 for time and expenses expended on the case, of which Mr. Jessup had been paid $17,418.00.  On May 18, 1998, Mr. Jessup filed suit against the client for the balance of his fees.  The client filed a counter-claim against Mr. Jessup claiming that Mr. Jessup had charged a clearly excessive fee for that type of case.  The case was tried before a jury on September 25, 2001, and the jury found that Mr. Jessup attempted to collect a clearly excessive fee. (March 4, 2005)

Kennedy, James L., a Knoxville attorney, was suspended from the practice of law in Tennessee for 90 days. Mr. Kennedy failed to act with reasonable diligence and promptness in representing a client with regard to an estate and failed to keep the client reasonably informed regarding that matter.  Mr. Kennedy had been administratively suspended from the practice of law by Order of the Supreme Court entered February 16, 2000, for non-compliance with Continuing Legal Education requirements, but continued to practice law while on suspended status.  Mr. Kennedy admitted violating DR 1-102(A)(1)(5)(6), DR 3-101(B), DR 6-101(A)(2)(3), and DR 7-101(A) of the Code of Professional Responsibility and Rules of Professional Conduct 1.3, 5.5, and 8.4(d). (July 12, 2005

LaGuardia, Michael J., of Kingsport, received a public censure from the Tennessee Board of Professional Responsibility. Mr. LaGuardia self-reported to the Board. Mr. LaGuardia testified in a pre-trial deposition in his divorce case, wherein he stated that he purchased a Dodge Intrepid in June 2002.  He stated that he later sold it to “a neighbor and friend . . . Susan Carter.”  (Susan Carter became Mr. LaGuardia’s girlfriend a few months after the divorce began.)  Ms. Carter paid him nothing, but simply took over the payments on Mr. LaGuardia’s loan.  Mr. LaGuardia stated in the deposition that he entered into a financing arrangement to obtain the car for the $13,000 purchase price.  He stated that the dealer financed it “a hundred percent . . . I never had to put a dime on it.”  At the trial, Mr. LaGuardia stated that the dealer did not finance 100 percent of the purchase price but that Mr. LaGuardia had put down $5,700 and therefore had an interest in the car for this amount.  He further admitted that he did not tell the truth in the deposition. Mr. LaGuardia has thereby violated Rules of Professional Conduct Nos. 3.3, 4.4, and 8.4.  He did not request a hearing.  This censure does not affect Mr. LaGuardia’s ability to continue to practice law. (March 18, 2005) 

Mask, John Carlin Jr., a lawyer from Hardeman County, has been disbarred by the Tennessee Supreme Court for misappropriation of client funds, posing a threat of "irreparable harm" to the public, misconduct, incompetence, failing to zealously represent clients, failure to represent within the bounds of law and engaging in the unauthorized practice of law. The hearing panel also found that aggravating circumstances existed because of the length of time Mr. Mask had practiced law (26) years); his prior history of unethical conduct, his dishonesty and his failure to make restitution.  Furthermore, the Hearing Panel found there were no mitigating circumstances.  Neither Mr. Mask nor the Board appealed the Hearing Panel’s Findings. (Feb. 1, 2005)

Milligan, James L., Jr., a Knoxville lawyer, has been suspended from the practice of law for two years by the Supreme Court of Tennessee. Disciplinary Counsel of the Board of Professional Responsibility had filed a petition for discipline as to Mr. Milligan.  The petition was heard before a hearing panel of the Board, which recommended disbarment. Mr. Milligan appealed. The Knoxville Chancery Court (William Inman, Sr. serving as special judge) recommended Mr. Milligan receive a Public Censure.  Disciplinary Counsel appealed to the Supreme Court, with the Court deciding to suspend Mr. Milligan’s law license for two (2) years. The Court found that Mr. Milligan misappropriated trust funds.  He overdrew on his trust account 24 times in one year.  In an eight month period he incurred overdraft charges in the amount of $766.  He wrote a check on his trust account to Attorney G. Turner Howard, for Mr. Howard’s work on a case that had been settled which was returned for insufficient funds.  In the case of Michael Overton, Mr. Milligan deposited in his checking account $50,000 on May 7, 1999.  Mr. Milligan did not make a disbursement to Mr. Overton in the amount of $29,924.21 until May 28, 2002.  During this period of time, Mr. Milligan’s trust account dipped beneath $29,924.21 indicating a misappropriation of funds.  Mr. Milligan admitted using client funds before settlement funds were deposited in his trust account and depositing client funds in non-trust accounts.  The Court found that Mr. Milligan thereby violated DR1-102(A), 2-106(A), 7-101(A), 9-102(A) and 9-102(B) of the attorney’s ethics rules in effect at the time of the offenses. In the case of Kerry Johnson Mr. Milligan used Mr. Johnson’s monies for his personal use.  He signed the names of the Johnsons to a release and falsely notarized the signatures.  The Court found that this conduct involved dishonesty, fraud, deceit, or misrepresentation. The Court found that Mr. Milligan thereby violated DR1-102(A) of the Attorney’s Ethics Rules in effect at the time of the offenses.  The Court stated in its opinion “We find these violations to be very serious and indicative of conduct that should not and will not be tolerated.” The Court found as aggravating circumstances Milligan’s prior public censure and two admonitions, as well as his failure to comply with the recommendations of Suzanne Rose, the Tennessee Bar Law Practice Management Consultant.  It found as a mitigating factor the fact that Mr. Milligan “Ultimately made good the checks returned for insufficient funds and there is no evidence that any individual lost money as a result of (Milligan’s) actions.” (June 28, 2005)

Nanney, Douglas P., a Hickman County attorney, was suspended from the practice of law in by the Tennessee Supreme Court for a period of two years, to be followed by a period of indefinite suspension. Nanney’s suspension resulted from Nanney pleading guilty to a violation of 40-35-313, Tennessee Code Annotated, a Class E Felony, possession of drug paraphernalia. (Feb. 3, 2005)

Officer, Albert F, III, of Cookeville, was reinstated to the practice of law by order of the Tennessee Supreme Court. Mr. Officer had been suspended by the Supreme Court on June 5, 2001, for three and one-half years retroactive to April 7, 1999, the date on which he had previously been temporarily suspended by the Supreme Court. Mr. Officer's license to practice law be reinstated on the stated conditions.  Mr. Officer has entered into a contract with Cookeville lawyer Martelia T. Crawford to serve as Practice Monitor for Mr. Officer. (February 18, 2005)

Rainwater, John Earl, of Knoxville, was temporarily suspended from the practice of law by order of the Supreme Court of Tennessee for failing to respond to a complaint of misconduct. Mr. Rainwater may for good cause request dissolution or modification of this temporary suspension by petition to the Supreme Court.  This temporary suspension remains in effect until dissolution or modification by the Supreme Court. (April 22, 2005.)

Rainwater, John Earl, a Knoxville attorney, has been reinstated to the practice of law by Order of the Tennessee Supreme Court.  Mr. Rainwater was temporarily suspended from the practice of law by Order of the Supreme Court on April 22, 2005, for failing to respond to a complaint of misconduct.  On May 23, 2005, Mr. Rainwater filed a Petition to Dissolve Temporary Suspension and a response to the complaint.  A hearing was conducted on June 17, 2005.  On June 27, 2005, the Hearing Panel recommended that the temporary suspension be dissolved.  In the July 20, 2005, Order, the Supreme Court required Mr. Rainwater to pay to the Board of Professional Responsibility and to the Appellate Court Clerk the costs and expenses of this proceeding. ( July 20, 2005)

Rather, James L., a Knoxville lawyer, was censured by the Tennessee Board of Professional Responsibility for assisting in the unauthorized practice of law. (Jan. 31, 2005)

Richter, Timothy Joseph, a Springfield lawyer, has been reinstated by the Tennessee Supreme Court after taking disability inactive status in 2003 (Jan. 24, 2005)

Schwarz, Earle J., a Memphis lawyer, was issued a public censure by the Board of Professional Responsibility.  He did not request a hearing.  A complaint was filed against Schwarz based on a declaration filed by him in a habeas corpus action that Schwarz willfully neglected his representation of his client.  Schwarz neglected his client’s legal matter in a death penalty case and filed a declaration and subsequent habeas corpus proceeding. (April 25, 2005)

Shaw, Clark L., of Nashville, was publicly censured by the Board of Professional Responsibility for failing to take prompt action on behalf of a client’s request for a restraining order.  In addition, Shaw failed to promptly address a problem with an order that had been entered that was contrary to the Court’s original order.  The respondent did file a motion to amend this order which was eventually granted by the Court some months later.  The client also complained that Shaw failed to respond to his request for information.   Mr. Shaw also failed to provide the client with the requested itemized statement regarding Shaw’s bill. (February 11, 2005)

Slavin, Edward A., Jr., a suspended St. Augustine, Fla. attorney, was found in willful contempt of court by the Supreme Court of Tennessee. He was sentenced to ten (10) days in jail and fined $50.00. Slavin’s law license was suspended on August 27, 2004 for a period of two (2) years.  The suspension order specifically mandated that Slavin comply in all respects with Tennessee Supreme Court Rule 9 and specifically with Section 18 regarding the obligations and responsibilities of suspended attorneys. Disciplinary Counsel filed a Petition for Contempt charging Slavin with contemptuous conduct as follows:

            1.         That Slavin had failed to comply with the Supreme Court’s Order of suspension;

            2.         That Slavin had entered his appearance representing clients after having been suspended by Order of this Court on August 27, 2004; and

            3.         That Slavin has failed to comply with Section 18 of Tennessee Supreme Court Rule 9 as ordered August 27, 2004, by failing to notify opposing counsel and clients of his suspension and by failing to file an affidavit to that affect.

The Court found that Slavin’s failure or refusal to comply with the Order to file the affidavit required by Section 18.8 of Supreme Court Rule 9 was willful and constituted willful contempt of the Court beyond a reasonable doubt. (June 17, 2005)

Stinnett, Jeffrey Andrew, a Chattanooga attorney, received a Public Censure from the Board of Professional Responsibility.  Mr. Stinnett engaged in the practice of law during a period after his license to practice law was administratively suspended on September 24, 2003, for failing to comply with continuing legal education requirements. (April 19, 2005)

 Temple, Steven Monroe, of Memphis, was suspended from the practice of law by the Supreme Court of Tennessee for one year retroactive to October 28, 2003, the date upon which he was first suspended by the Tennessee Supreme Court.  Temple abandoned his law practice without notice to his clients, charged excessive fees, failed to withdraw from his clients’ cases when he could no longer represent the clients, failed to adequately communicate with his clients and failed to return unused portions of retainer fees.  As a result of his failure to respond, Temple’s law license has been temporarily suspended since October 28, 2003. Disciplinary Counsel filed a petition for discipline and a supplemental petition for discipline pursuant to Rule 9, Rules of the Supreme Court of Tennessee.  Temple agreed to enter into a conditional guilty plea to the petitions in exchange for a one year suspension retroactive to October 28, 2003 the date upon which he was first suspended by the Tennessee Supreme Court and Temple agreed to make restitution. (February 3, 2005)

Thomas, Susanna Laws, a Newport lawyer, had her law license suspended by the Tennessee Supreme Court of Tennessee Laws failed to respond to the Board of Professional Responsibility concerning two complaints of misconduct. Because Ms. Thomas was suspended on September 7, 2004, for failure to comply with her Continuing Legal Education requirements and on September 20, 2004, for failing to pay her annual registration fee to the Board of Professional Responsibility, she should already have met these requirements and should not have any existing clients or pending matters. (Feb. 4, 2005)

Whiteside, Thomas L., of Brentwood, was disbarred by order of the Supreme Court of Tennessee. Previously on January 28, 2004, the Supreme Court temporarily suspended Mr. Whiteside’s right to practice for failure to respond to a disciplinary complaint. A petition for discipline involving three disciplinary complaints was filed on June 28, 2004.  On August 12, 2004, a motion for default judgment on the petition for discipline was filed. The hearing panel found that the respondent abandoned his law practice, knowingly failed to perform services to clients and neglected legal matters of clients causing serious injury to his clients.  The hearing panel found that Whiteside took client funds under false pretenses and deceived his clients. (March 4, 2005)

Woodby, David E., a Bristol lawyer, was censured by the Board of Professional Responsibility. On February 16, 2000, Mr. Woodby’s law license was suspended for noncompliance with CLE.  It was reinstated on January 10, 2001.  On September 24, 2003, it was suspended again for noncompliance with CLE. Since September 24, 2003, Mr. Woodby continued to practice law.  He had some bankruptcy cases before Bankruptcy Judge Martha Parsons.  She discovered that he had never been admitted to practice before the Eastern District of Tennessee Federal Court and instructed him to apply.  He indicated to her that he would.  Mr. Woodby continued to file bankruptcy cases, but did not apply for admission.  Judge Parsons issued a show cause order in four of his bankruptcy cases.  At the Show Cause hearing on February 24, 2003, Mr. Woodby indicated to Judge Parsons that he was in the process of obtaining a certificate of good standing from the State of Tennessee and requested additional time to complete the admission practice. On or about March 10, 2003, Chapter 13 Trustee, Gwendolyn M. Kerney, received a notice of levy on Mr. Woodby in the amount of $64, 270.95 compelling her to remit all fees due him as debtor’s attorney to the IRS.  Ms. Kerney checked with the Board and discovered that Mr. Woodby’s license had been suspended since the previous September. (March 9, 2005)

2004 Chronological

Perkins, Samuel L., a Memphis lawyer, was censured by the Tennessee Board of Professional Responsibility. In one complaint filed against Perkins, the Board found that he failed to render effective assistance of counsel to a former client in a homicide prosecution, by failing to discover a material witness, by not calling such witness to testify at trial and by losing all record of the witness.  In late 1998, the Tennessee Court of Criminal Appeals upheld the client’s post-conviction petition and remanded the matter to the Shelby County Criminal Court. The Board placed this disciplinary investigation in abeyance while further proceedings in the client’s matter were before the trial and appellate courts after the 1998 remand. In early 2003, the Board reactivated its investigation after learning that respondent’s former client was convicted of second degree murder at retrial, and that the client received a 15 year sentence. In November 2004, Disciplinary Counsel and respondent entered into a conditional settlement agreement whereby respondent would be publicly censured for his neglect, and whereby respondent would be required to cooperate with his practice assistance monitor and ensure said monitor provides quarterly progress reports to the Board for one year after the filing date of any Public Censure imposed.  Respondent’s practice assistance monitor has agreed to review his caseload periodically, and to review with respondent and provide further instructions on ensuring respondent’s compliance with the Criminal Defense Standards applicable to investigation and preparation. On December 10, 2004, the Board approved the conditional settlement agreement negotiated between Disciplinary Counsel and respondent. (Dec. 10, 2004)

Galbraith, Charles Ford, was placed on disability inactive status as a result of a medical condition. (Dec. 7, 2004)

Strohm, Carroll Thomas, of Nashville, was disbarred by the Tennessee Supreme Court (Nov. 30, 2004)

Maddux, H. Owen, a Chattanooga attorney, was suspended from the practice of law for thirty days, placed on probation for one year, and otherwise sanctioned by Opinion and Judgment of the Supreme Court of Tennessee entered August 27, 2004.  A Petition for Rehearing filed by the Board of Professional Responsibility was denied by the Supreme Court on November 9, 2004.  Pursuant to Section 18.5 of Supreme Court Rule 9, the suspension became effective ten days from the date of the denial of the Petition for Rehearing. In December, 1994, Mr. Maddux began taking and converting to his own use partnership fees, income, and/or client payments made by at least seventeen separate partnership clients on approximately fifty different occasions over a three-year period from December, 1994, through November, 1997, in the total sum exceeding $92,000.00.  Mr. Maddux took the partnership fees, income, and/or client payments without the knowledge or consent of the other partners.  On October 16, 1996, the firm filed suit against Mr. Maddux in the Chancery Court for Hamilton County to recover the firm monies.  By Judgment filed in the Chancery Court for Hamilton County, Tennessee, on October 2, 2000, Mr. Maddux was found to have defrauded the partnership and wrongfully converted $92,534.57 in receivables from the partnership.  The Board of Professional Responsibility then filed the Petition for Discipline. Mr. Maddux may resume the practice of law upon the expiration of the period of suspension. (Nov. 24, 2004)

Brooks, Troy Lee, a Mt. Juliet lawyer, was suspended Nov. 115, 2004, from the practice of law for misappropriating funds to his own use and posing "a threat of irreparable harm to the public." (Nov. 15, 2004)

Arnold, Rebecca C., of Memphis, was publicly censured by the Board of Professional Responsibility after finding she neglected a client’s Chapter 13 bankruptcy matter, failed to move with reasonable diligence and promptness, failed to properly communicate with her client, and deceived this client by falsely informing the client that she had filed a motion requested by the client.  Moreover, Arnold was very dilatory in responding to Disciplinary Counsel’s inquiries.  The Board noted her demonstrated pattern of dilatoriness, and her history of prior disciplinary sanctions in the areas of neglect and failure to properly communicate with clients. As part of the censure, the Board required Arnold to enter into a TLAP contract for peer assistance to address her chronic depression for a duration to be determined by TLAP, and to ensure that TLAP provides the Board with quarterly progress reports during the period of TLAP monitoring. (Aug. 27, 2004)

Allen, Sean Kendrick, of Nashville, received a Public Censure from the Board of Professional Responsibility.  Allen was given notice of the censure and did not request a hearing. Allen was placed on administrative suspension on September 24, 2003 for Continuing Legal Education non-compliance.  Allen continued to practice law in violation of this administrative suspension.  Allen’s actions violate Rules 1.3; 3.2; 3.4, and 8.4 of the Tennessee Rules of Professional Conduct and for these actions the Board publicly censures Allen. (August 20, 2004) 

 Terry, Paul Allan II, of Livingston, was suspended from the practice of law by the Tennessee Supreme Court. (Aug. 13, 2004)

Cartwright, Richard D.,  a lawyer from Covington, Tennessee, received a Public Censure from the Board of  Professional Responsibility. On April 22, 2004, the Court of Criminal Appeals entered an order finding that Cartwright  “flagrantly disregarded the three previous orders of the Court.”  The Court  further found that although Cartwright’s actions could have resulted in three separate contempts of court, the Court combined the contempts into one and found Cartwright in criminal contempt of court.  The Court further ordered Cartwright sentenced to 10 days in the Madison County Jail and fined $50, provided that nine days of the jail time was suspended provided that attorney Cartwright conform to the rules of appellate practice and further rules of  this court in the conclusion and the handling of the underlying case.  The Court ordered Mr. Cartwright to serve one day in the Madison County Jail from the period of 9:00 A.M. in the morning until 4:00 P.M. in the afternoon. (On July 20, 2004)

Cornell, Helen Loftin, Nashville, was publicly censured by the Tennessee Supreme Court after She acknowledged that she transferred her mother’s home to herself by a power of attorney without the knowledge of her mother, which act required litigation for her mother to regain legal title to her home. (July 12, 2004) More on this lawyer

Johnson, Curtis D., a Memphis attorney,  was publicly censured by the Tennessee Supreme Court .  Pursuant to Section 16 of Tennessee Supreme Court Rule 9,  Johnson submitted a guilty plea in exchange for a stated form of discipline.  He acknowledged that he had been negligent in the handling of certain client matters, that he had charged an excessive fee and that he had failed to adequately communicate with his clients. Pursuant to the guilty plea Johnson agreed to and has written an apology to Judge Polster; Johnson shall make and has made restitution to complainant Savannah Robertson; and Johnson shall have a practice monitor for a period of six months from the date of the final order in this cause who shall file written monthly reports to Disciplinary Counsel regarding Johnson’s progress  in establishing adequate communication procedures with his clients. (July 27, 2004)

Walwyn, Paul J., a Madison lawyer, was publicly censured by the Board of Professional Responsibility. The censure was based on two legal matters.  In one complaint, Walwyn represented a client in a child support and child custody matter.  Walwyn neglected the matter and failed to prepare the matter.  Walwyn failed to prepare a court order as directed by the court for eight months. The other matter was the appeal of a criminal conviction.  Mr. Walwyn filed a notice of appeal five days late and he filed his brief over sixty days late.  After the conviction was affirmed, Walwyn failed to file a timely petition to the Supreme Court resulting in a loss of further review. (July 22, 2004.)

King, Mary Forrester, of Memphis, was publicly censured by the Board of Professional Responsibility. (June 30, 2004.)

Barnwell, Howard Brownlow, a Chattanooga attorney, was temporarily suspended, pursuant to Rules of the Supreme Court of Tennessee, upon a finding that Mr. Barnwell had failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct. (June 11, 2004)

Nacaranto, Tom Anthony, a Lexington attorney, has been suspended for three years by the Tennessee Supreme Court (June 10, 2004)

Wasson, Gordon M., and Arizona attorney, was reciprocally suspended from the practice of law in Tennessee. (June 10, 2004)

Bailey,Javier Michael, a Memphis attorney, entered into an Agreed Order and Conditional Guilty Plea which was entered by the Tennessee Supreme Court on May 27, 2004, effective January 2, 2004.    The Agreed Order placed Javier Michael Bailey on probation for a period of four (4) years and eleven (11) months after serving an actual suspension of thirty (30) days, which Bailey served beginning January 2, 2004 through February 2, 2004, during all of which Bailey shall continue to be monitored by the Tennessee Lawyers’ Assistance Program (TLAP) as set forth in the TLAP Monitoring Advocacy Agreement. (May 27, 2004)

Renard, Christopher P., a Memphis attorney, has been temporarily suspended from the practice of law in this state by Order of the Supreme Court. The Court suspended Renard based upon a petition filed by the Board of Professional Responsibility alleging that he failed to respond to Disciplinary Counsel or to the Board concerning two complaints of misconduct. (May 21, 2004)

Ramos, Fernando J.,  a Nashville lawyer, a Nashville lawyer, was censured by the Board of Professional Responsibility on May 5, 2004 based on a finding by the Fifth Circuit Court for Davidson County, Tennessee, of ineffective assistance of counsel and the setting aside of a murder conviction. Specifically the Court found that Ramos’s advice to his client not to testify should have been  informed advice and could have only been informed if Ramos knew the client’s own story of events and how he would testify.  At the post conviction hearing Ramos admitted he had no idea of what the petitioner would say if he took the stand.  He contended he thought he really should not press the petitioner to tell him what happened.  He was unaware of the petitioner’s version of events.  It was the judgment of the Court that the advice given by Ramos to his client not to testify also fell below an objective standard of reasonableness. (May 5, 2004)

Speed, Delilah Ann, of Columbia, Tennessee, was transferred to disability inactive status by the Tennessee Supreme Court. Ms. Speed and the Board of Professional Responsibility entered the Agreed Order. Ms. Speed will remain on disability inactive status until such time as the Court adjudges that her disability has been removed. (May 4, 2004)

Green, Gerald S., a Memphis lawyer, was suspended by the Tennessee Supreme Court from the practice of law  for a period of six months, with all time suspended and six months to be served on probation.  Green neglected his clients’ legal matters; charged an excessive fee; failed to withdraw when discharged by a client, and failed to deliver to the client all papers and properties to which the client was entitled; failed to represent a client competently; and neglected client matters and failed to adequately communicate with clients, and failed to return client property. (May 3,  2004)

John Carlin Mask, Jr., a Bolivar attorney, has been temporarily suspended from the practice of law in this State by the Tennessee Supreme Court. (March 31, 2004)

Dennis J. Hughes, a Nashville attorney, was disbarred from the practice of law retroactive to and effective June 24, 1997. (March 30, 2004)

Paul Anthony Robinson, Jr. , of Memphis, was publicly censured by the Supreme Court of Tennessee. (March 25, 2004)

Shawn M. Ashcraft, a Murfreesboro lawyer, was suspended from the practice of law for 20 months after pleading guilty to misappropriation. (March 25, 2004)

Lisa Anne Temple, a Knox County attorney, was publicly censured by the Board of Professional Responsibility for causing, on two occasions, incorrect disbursements to be made from client funds being held in trust to her former firm, where she was an associate, for unapproved fees. (March 17, 2004)

Benson, Robert D., a former Brentwood attorney suspended last year, was disbarred, based upon Benson’s threat of irreparable harm to the public. (March 15, 2004)

Christopher Robin Fox, Nashville; disbarred.  (Feb. 6, 2004)

Michael A. Belz, Memphis; suspended.  (Jan. 28, 2004)

Thomas L. Whiteside, Nashville; suspended. (Jan. 28, 2004)

Ted A. Burkhalter, Nashville; reinstated. (Jan. 28, 2004)

W. Allen Barrett, Nashville; conditionally censured.  (Jan. 27, 2004)

Charles Gordon, Powell; censured.  (Jan. 26, 2004. )

Lawrence A. Welch Jr., Greenville; censured.  (Jan. 26, 2004)

Thomas Lee Bean, a Crossville attorney, received a Public Censure from the Board of Professional Responsibility for preparing a Durable Power of Attorney on or about May 13, 1998, at the request of the client, someone other than the grantor of the Power of Attorney.  At the request of the client, Mr. Bean included language in the Power of Attorney that it was signed April 2, 1997. (January 22, 2004)

Floyd N. Price, a Nashville lawyer, was ordered suspended from the practice of law by the Tennessee Supreme Court for six months, but the order was stayed. (January 15, 2004)  

D. Michael Van Sant,  a Nashville attorney, was temporarily suspended from the practice of law by the Tennessee Supreme Court. (January 14, 2004)

Newest additions:

2004 -- Alphabetical

Arnold, Rebecca C., of Memphis,  was publicly censured by the Board of Professional Responsibility after finding she neglected a client’s Chapter 13 bankruptcy matter, failed to move with reasonable diligence and promptness, failed to properly communicate with her client, and deceived this client by falsely informing the client that she had filed a motion requested by the client.  Moreover, Arnold was very dilatory in responding to Disciplinary Counsel’s inquiries.  The Board noted her demonstrated pattern of dilatoriness, and her history of prior disciplinary sanctions in the areas of neglect and failure to properly communicate with clients. As part of the censure, the Board required Arnold to enter into a TLAP contract for peer assistance to address her chronic depression for a duration to be determined by TLAP, and to ensure that TLAP provides the Board with quarterly progress reports during the period of TLAP monitoring. (Aug. 27, 2004)

Ashcraft, Shawn M., a Murfreesboro lawyer, was suspended from the practice of law for 20 months after pleading guilty to misappropriation. (March 25, 2004)

Bailey, Javier Michael, a Memphis attorney, entered into an Agreed Order and Conditional Guilty Plea which was entered by the Tennessee Supreme Court on May 27, 2004, effective January 2, 2004.    The Agreed Order placed Javier Michael Bailey on probation for a period of four (4) years and eleven (11) months after serving an actual suspension of thirty (30) days, which Bailey served beginning January 2, 2004 through February 2, 2004, during all of which Bailey shall continue to be monitored by the Tennessee Lawyers’ Assistance Program (TLAP) as set forth in the TLAP Monitoring Advocacy Agreement. (May 27, 2004)

Barnwell, Howard Brownlow, a Chattanooga attorney, was temporarily suspended, pursuant to Rules of the Supreme Court of Tennessee, upon a finding that Mr. Barnwell had failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct. (June 11, 2004)