kirk-32370c-7-public-censure.pdf (2009)

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‘ v' Wesmuna SPONSIBILITY
L DFTHE . .
. E‘Itaeutccuatrm '

1N DISCIPLINARY DISTRICT VII . . Exaagm jBeeretarr- .t '_
A or THE ‘ '
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE ,
SUPREME COURT OF TENNESSEE , ‘

IN RE: BRADLEY GLENN KIRK, BPR NO. 17100 FILE NO. 32370067433
Respondent, an attorney licensed
to practice law in Tennessee
(Henderson County)

_ PUBLIC CENSURB

The above complaint was filed against Bradley Glenn Kirk, an attorney licensed to

practice law in Tennessee“, alleging certain acts of misconduett Pursuant to Supreme Court Rule

9, the Board of Professional Responsibility considered these matters at its meeting on December I

11, 2009.
In April of 2008; the Complainant retained the Respondent to defend her against five ,

criminal charges, and all of the charges were ultimately disrnissed following a trial a year later..-

The Respondent aléo represented the Complainant in a federal civil rights lawsuit based on her

alleged illegal arrest. The attorney—client relationship began to unravel when the Complainant

went against the Respondent’s advice and sought to obtain a transcript of the criminal trialf The

Respondent feared that the existence of a transcript could lead to the Complainantbeing charged

with perjury, as 'well as jeopardize the Complainant’s civil rights case. i

The relationship between the Complainant and the Respondent continued to deteriorate

when the Complainant accused the Resandent of being part of a conspiracy against her based

on. her being held in centernpt and the Respondent’s adyice that she not. seek to obtain a

transcript of the criminal trial. Therefore, on May 26, 2009, the Respondent sought to Withdraw
item the civil rights. case. In the affidavit in support of‘the motion to Withdraw, the Respondent

J'infonned the court that the Complainant had “conspiracy delusions,” that-she was a suspect in a

federal arsoninvestigation, and that he was concerned about the safety of his family. The court

permitted the Respondent to Withdraw. The Respondent’s allegations . regarding the

Complainant’ a mental state were printed in the local newspaper. '

The Respondent’s actual representation ofthe Complainant did not run afoul of the Rules

of Professional Conduct. However, when the Respondent sought to withdraw from representing

the complainant in the federal civil rights case, the Respondent violated Rule 1.6 by divnlging

confidential information about the Complainant in his affidavit.

By the aforementioned facts, Bradley Glenn Kirk, has violated Rule of Professional - -

Conduct 1.6 (confidentiality) and is hereby Publififfiensured for this violation.
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Date
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