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Disciplinary Actions



Disbarments And Suspensions

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.



Public Censures

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.



Disability Inactive Status

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.



Temporary Suspensions

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.



Reinstatements

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.



Contempt

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.



Modification of Probation

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.



Inside Board Notes
Disciplinary Actions - By William W. "Tripp" hunt, III
Lawyering and the Good Life - By David N. Shearon, JD, MAPP

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