By William W. “Tripp” Hunt, III
Disciplinary Actions (July-December, 2006):
Matthew Q. Bastian (Maury County) - 6 Months -
Mr. Bastian was hired to prepare an appeal to the
Court of Appeals in a divorce action. The Court of
Appeals ordered Mr. Bastian’s client to file a
supplemental record, but it was not filed. The
client had to employ other counsel to prevent the
appeal from being dismissed. The client obtained
a judgment against Mr. Bastian which has been
paid. In addition to the 6 months suspension, Mr.
Bastian has been placed on probation for 5 months
and 29 days.
Richard Hughes Batson, II (Davidson County) - One Year -
Mr. Batson was guilty of neglect and
failure to adequately communicate with several
clients.
Stephen M. Brown (Shelby County) - 45 Days -
Mr. Brown represented a masonry subcontractor
involved with construction at the FedEx Forum
between 2003 and 2004. In attempting to settle his
client’s dispute with the lead contractor, Mr.
Brown admitted that he used means which had no
substantial purpose other than to embarrass or
burden other lawyers and parties, and that he had
directly communicated on behalf of his client with
a represented party without obtaining the consent
of that party’s lawyer.
Stuart W. Fields (Davidson County) - Disbarment -
Mr. Fields was found guilty of a number of
violations. He settled a legal matter without his
client’s consent and participated in forging the
client’s name to the settlement check and retaining
the proceeds. He also issued a worthless check on
his trust account to pay a loan. He further received
fees from clients and did no work on their cases as
well as missed their court dates. In addition, he
entered into an agreement with a client to pay the
medical bills incurred by the client and failed to do
so.
James Lloyd Gordon (Shelby County) - 11 Months and 29 Days -
Mr. Gordon failed to pay for more
than a 3-year period approximately $2165 to a
physician pursuant to a lien. Mr. Gordon signed on
account of his gross negligence and his failure to
timely and properly investigate the attendant circumstances.
He did ultimately make a proper
investigation and paid this physician’s claim. All
but 90 days of his suspension was suspended; the
remainder of his suspension is to be served on
probation; amongst the conditions being that he
obtain an escrow account monitor and that he
review the Board’s opinion and an ABA publication
as to trust accounts.
Richard J. McAfee (Hamilton County) - Disbarment -
Mr. McAfee consented to disbarment
by filing a confidential affidavit pursuant to
Supreme Court Rule 9, Section 15.
John Houser Parker (Shelby County) - Disbarment -
Mr. Parker misappropriated and stole in excess
of $300,000 from the client escrow account of his
former law firm and from private trust accounts
and Probate estates which he served as trustee and
Administrator, CTA.
Rodney M. Phelps (Davidson County) - 4 Years -
The State of Texas suspended the law license of
Mr. Phelps for neglect and failure to communicate
with his clients. The Texas suspension provided
that all the time was suspended and that Mr.
Phelps be placed on probation subject to conditions.
The Tennessee Supreme Court granted
reciprocal discipline as to Mr. Phelps’ Tennessee
law license, thereby suspending Mr. Phelps’ law
license for 4 years with all time suspended subject
to Mr. Phelps being placed on probation subject to
conditions.
Lawrence A. Welch, Jr (Greene County) - Disbarment and a 3 Year Suspension -
Mr. Welch converted $25,000 to personal use from trust
funds and was disbarred for this conversion. He
also prepared and mailed a memorandum
implicating a sitting Judge and members of a law
firm in a criminal conspiracy. For this latter
offense he received a 3 year suspension.
Danielle V. Young (Davidson County) - One Year -
Ms. Young plead guilty to the criminal offense of
passing worthless checks.
Keith Alan Black (Hamilton County) -
Mr. Black engaged in the practice of law for a period after he
was administratively suspended from the practice
of law for failing to pay his Board of Professional
Responsibility registration fee. He has subsequently
paid his fee and has been reinstated.
Paula Ogle Blair (Davidson County) -
Ms. Blair was guilty of neglect, failure to adequately
communicate with clients, failure to follow trust
accounting rules and withdrawing in a case shortly
prior to a trial.
Charles Philip Carter (Knox County) -
Mr. Carter
represented a client in a medical malpractice case.
He neglected the case and failed to communicate
with his client.
Richard D. Cartwright (Tipton County) -
Mr. Cartwright neglected a client’s legal matter, failed
to adequately communicate with his client and
was dilatory in communicating with Disciplinary
Counsel.
Charles Clifford (Blount County) -
Mr. Clifford failed to file an appellate brief, which neglect
caused the dismissal of his client’s appeal.
Charles W. Cross (Davidson County) -
Mr. Cross
neglected a client’s case and failed to communicate
with his client.
Victoria L. DiBonaventura (Henry County) -
Ms. DiBonaventure received $1000 to represent a
client in a child support matter. She never filed
anything nor entered an appearance. Her client
had trouble reaching her and her client’s phone
calls were not returned. The client requested her
file, but Ms. DiBonaventura failed to return the
file. She also failed to return the unearned fee.
Richard L. Dunlap (Henry County) -
Mr. Dunlap was charged with assault when he grabbed another
attorney at the Henry County Court Annex. The
criminal matter was resolved when Mr. Dunlap
agreed to have no contact with the attorney except
in open court and to write an apology to the
attorney. Mr. Dunlap also wrote a letter to a
witness of the assault and offered to employ the
witness.
Samuel Harris (Putnam County) -
Mr. Harris
engaged in the practice of law for a period after he
was administratively suspended from the practice
of law for failing to pay his Board of Professional
Responsibility registration fee.
Edwin J. Mackie, Jr. (Putnam County) -
Mr.
Mackie failed to pay Section 941 Federal
Withholding Taxes for the four quarters of 2004.
He has subsequently paid the taxes.
Jack C. Morris (Madison County) -
Mr. Morris
represented a client in the Court of Criminal
Appeals. His brief did not comply with the Rules
of Appellate Procedure because it did not contain
citations to the record. The Court ordered him to
file a brief that did comply with the Rules, but he
still failed to do so.
Adam Wilding Parrish (Wilson County) -
Mr.
Parrish used his trust account as both a trust
account and an operating account. He thereby
commingled personal and trust funds. There was
no finding that he misappropriated client funds.
Clarence W. Phillips (Bedford County) -
Mr.
Phillips improperly made a telephonic solicitation
to another lawyer’s client regarding possible
representation of this individual in an automobile
injury and accident matter, after obtaining information
identifying this person from accidents
reports. The potential client did not initiate any
contact whatsoever from Mr. Phillips regarding
possible employment.
Bruce E. Poston (Knox County) -
Mr. Poston
represented a party before the Court of Criminal
Appeals. He failed to file a brief on that party’s
behalf. He further failed to appear on the date of
a show cause hearing before the Court. He was
subsequently held in contempt by the Court.
Jeffrey Scott Pulley (Davidson County) -
Mr. Pulley
was negligent in completing divorce and failed to
accept or return the client’s phone calls. Mr. Pulley
did refund the fee to the client.
Steven T. Raney (Williamson County) -
Mr. Raney
applied for a position of staff attorney and
submitted a resume stating that he was licensed to
practice law in Tennessee. He in fact had been
summarily suspended for 1 1/2 years for failure to
pay his registration fee and for failure to comply
with his CLE requirements.
James F, Schaeffer, Jr. (Shelby County) -
Mr.
Schaeffer was held in contempt of court for
comments made to the party who was opposing
his client.
Steven T. Stanton (Shelby County) -
Respondent
failed to comply with a court order relative to an
estate in which he served as Conservator. He also
failed to appear in court when he was ordered to
do so.
Charles A. Spitzer (Madison County) -
Mr. Spitzer
had a sexual relationship with an individual whom
he was representing in a divorce. He further left
his client’s files at another client’s house, thereby
breaching his client’s confidentiality.
Mark D. Talley (Shelby County) -
Mr. Talley’s law
license was suspended and he failed to notify a
client of his suspension. Furthermore the client
was unable to contact Mr. Talley.
Richard B. Teeter (Hamilton County) -
Mr. Teeter
was found guilty of civil contempt in the Walker
County, Georgia, courts because of his failure to
comply with his Divorce Decree in that he failed
to pay the court-ordered alimony.
Anthony W. Turner (Putnam County) -
Mr. Turner
represented a client in a slip and fall matter. Mr.
Turner failed to explain the matter to the client to
the extent reasonably necessary to permit the
client to make informed decisions regarding the
representation. Mr. Turner represented another
client in a divorce case. An agreement was
reached and the opposing side prepared the
document that reflected the agreement. Mr.
Turner’s client stated to Mr. Turner that there were
errors in the agreement and he refused to sign it.
The court entered the decree. Mr. Turner failed to
try to make the corrections.
Thomas Davidson Williams (Shelby County) -
The
Supreme Court placed Mr. Williams on disability
inactive status upon the Court’s receipt of an order
finding that Mr. Williams is disabled and unable to
defend himself.
Sheryl Clark Rollins (Knox County) -
The law
license of Ms. Rollins was transferred to disability
inactive status upon a petition by Ms. Rollins
alleging that she is suffering from a medical condition
that incapacitates her from continuing to
practice law.
Thomas Alva Austin (Roane County) -
Mr. Austin’s
law license was suspended pending a final disciplinary
hearing upon his pleading guilty to the
criminal offense of extortion.
Thomas Martin Browder, Jr. (Sullivan County) -
Mr. Browder’s law license was temporarily
suspended as a result of his failure to comply with
his probation restrictions.
William E. Gibson (Putnam County) -
Mr. Gibson’s
law license was temporarily suspended upon the
Supreme Court’s finding that Mr. Gibson posed a
substantial threat of irreparable harm to the public.
Linda Diane Schlanger Harris (Davidson County) -
Ms. Harris’ law license was suspended pending
a final disciplinary hearing upon her pleading
guilty to the criminal offense of conspiracy to
defraud mortgage loan companies and financial
institutions.
David A. Lufkin (Knox County) -
Mr. Lufkin’s law
license was temporarily suspended upon the
Supreme Court’s finding that Mr. Lufkin posed a
substantial threat of irreparable harm to the public.
George H. Nason (Williamson County) -
Mr.
Nason’s law license was suspended pending a
final disciplinary hearing upon his pleading guilty
to the criminal offense of conspiracy to commit
mail fraud and bank fraud.
Robert E. Nichols (Knox County) -
Mr. Nichols’
law license was temporarily suspended upon Mr.
Nichols’ failure to timely respond to the Board of
Professional Responsibility concerning a complaint
of misconduct.
Van Lewis Riggins, Jr. (Montgomery County) -
Mr.
Riggins’ law license was temporarily suspended
upon a finding that he had misappropriated funds
to his own use and had abandoned his practice.
Harry Max Speight (Weakley County) -
Mr.
Speight’s law license was temporarily suspended
upon a showing that he had misappropriated client
funds to his own use.
Charles David Deas (Blount County) -
Mr. Deas’
law license had been suspended upon his failure to
respond to complaints of misconduct. It has now
been reinstated.
David A. Lufkin (Knox County) -
Mr. Lufkin’s law
license was reinstated from disability inactive
status. (It was subsequently temporarily suspended.
(See the above section))
John L. Ryan (Shelby County) -
Mr. Ryan’s law
license had been suspended for three years. His
license was reinstated subject to his passing the
bar exam. Once reinstated he was required to
undergo monitoring for 3 years.
Kevin Shalom Terry (Davidson County) -
Mr.
Terry’s law license had been suspended for 18
months. His license was reinstated subject to his
successful completion of the essay portion of the
Tennessee bar exam. Once reinstated, the Court
required that for at least one year he practice only
in a group practice and that he undergo monitoring
for 5 years.
Bretan R. Thompson (Shelby County) -
Mr.
Thompson was found in contempt of the
Tennessee Supreme Court based upon his taking
funds from potential clients when he in fact was
disbarred.
George H. Thompson (Davidson County) -
Mr.
Thompson’s law license had been placed on
probation for 5 years with the requirement he
make monthly payments of restitution. The
Supreme Court extended the payments of restitution
and his probation for 2 years.
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