annual-report-2021-2022.pdf (2021)
Note: This document was published in 2021. Information in older documents may not reflect current board procedures or policies.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (annual-report-2021-2022.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
Board of Professional Responsibility
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
Board of Professional Responsibility
Organization and Composition
The Tennessee Supreme Court regulates and supervises the practice of law in Tennessee
pursuant to Tennessee Supreme Court Rule 9. The Court appoints twelve members to the Board of
Professional Responsibility (the Board) to effectuate Tenn. Sup. Ct. R. 9 and the Courtâs disciplinary
enforcement.
The Board consists of nine (9) attorneys and three (3) public (non-attorney) members who serve
three-year terms and geographically represent the entire state. In 2021-2022, Board members
volunteered 529 hours and received no compensation for their service. Members of the Board include:
Floyd Flippin (Chair)
Jennifer S. Hagerman (Vice-Chair)
Sheriff Floyd Bonner (Lay Member)
Richard Briggs (Lay Member)
Jimmy Dunn
Stacey B. Edmonson
Ruth Thompson Ellis
Charles K. Grant
Barbara Medley
Juanita Patton (Lay Member)
Jody Pickens
Bridget Willhite
The Court appoints a Chief Disciplinary Counsel who reports to the Board. The Board also
employs attorneys as Disciplinary Counsel and support staff to assist with attorney registration;
consumer assistance; investigation and litigation. A staff directory is attached as Exhibit A.
District Committee Members
The Tennessee Supreme Court appoints attorneys to serve as district committee members from
each disciplinary district in the state. In 2021-2022, 182 attorneys assisted the Court and the Board as
district committee members reviewing Disciplinary Counselâs recommendations on investigative files
and sitting on hearing panels conducting formal disciplinary charges. Of the 182 members, 138 reported
volunteering 3,017 hours in 2021-2022 for which they received no compensation for their services. A
roster of current district committee members is attached as Exhibit B.
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
Tennessee Attorney Information
The Board of Professional Responsibility provides an easy-to-use online registration system
that allows lawyers to fulfill their annual registration requirements. Public registration information is
displayed on the Boardâs website to allow the judiciary, lawyers and the public to access licensing,
registration and contact information about lawyers.
Active Attorneys by Disciplinary District: 23,600*
Disciplinary District 1: 1,076 Active TN attorneys
Disciplinary District 2: 2,656 Active TN attorneys
Disciplinary District 3: 1,590 Active TN attorneys
Disciplinary District 4: 1,385 Active TN attorneys
Disciplinary District 5: 5,980 Active TN attorneys
Disciplinary District 6: 2,493 Active TN attorneys
Disciplinary District 7: 494 Active TN attorneys
Disciplinary District 8: 275 Active TN attorneys
Disciplinary District 9: 3,488 Active TN attorneys
*4,163 Out of State Active TN attorneys
Active Attorney Statistics:
ï§ Years Licensed: <5 yrs: 16% â Age: 21-29 yrs: 5%
6-15 yrs: 30% 30-39 yrs: 22%
16-25 yrs: 22% 40-49 yrs: 24%
26-35 yrs: 15% 50-59 yrs: 21%
36-45 yrs: 11% 60-69 yrs: 17%
46+ yrs: 6% 70+ yrs: 11%
ï§ Gender: Male: 62% â In-state Attorneys: 82%
Female: 37% â Out-of-state Attorneys: 18%
Unreported: 1%
2
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
Inactive Attorneys
Pursuant to Tennessee Supreme Court Rule 9, Section 10.3, inactive attorneys include
attorneys serving as justice, judge or magistrate of a court of the United States of America or
who serve in any federal office in which the attorney is prohibited by federal law from engaging
in the practice of law; retired attorneys; attorneys on temporary duty with the armed forces;
faculty members of Tennessee law schools who do not practice law; and attorneys not engaged
in the practice of law in Tennessee. In 2021-2022, 5,800 attorneys on inactive status were
registered with the Board of Professional Responsibility.
ï§ Non-disciplinary/Administrative Suspensions:
Pursuant to Supreme Court Rules, the Supreme Court suspends attorneys who fail to
pay their annual fee (Tenn. Sup. Ct. R. 9 § 10.6); fail to complete annual continuing legal
education requirements (Tenn. Sup. Ct. R. 21 § 7); fail to comply with Interest on Lawyers
Trust Account requirements (Tenn. Sup. Ct. R. 43 § 15); fail to pay the Tennessee professional
privilege tax (Tenn. Sup. Ct. R. 9 § 26); or default on student loans (Tenn. Sup. Ct. R. 9 § 37).
No attorney suspended pursuant to these Rules may resume practice until reinstated by Order
of the Supreme Court. Attorneys were administratively suspended during fiscal year 2021-
2022 as follows:
Non-payment of Annual Fee: 236
Continuing Legal Education non-compliance: 149
Interest on Lawyerâs Trust Accounts non-compliance: 109
Professional Privilege Tax non-compliance: 32
Default on a Student Loan: 0
Total: 526
3
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
Assistance, Investigation and Prosecution
ï§ Consumer Assistance Program (CAP)
Non-frivolous complaints against attorneys submitted by clients, lawyers, judges and the public
are referred to the Boardâs Consumer Assistance Program (CAP) for assistance or opened and assigned
to Disciplinary Counsel for investigation. CAP answers questions, provides information, informally
mediates disputes, and refers matters to Disciplinary Counsel for investigation.
Caseload
Number of Cases Opened 2,111
Timeliness of Resolution
0 to 15 days 72.4%
16 to 30 days 16.8%
31 to 60 days 8.5%
61 or more days 2.3%
Actions Taken
Mediate 35.5 %
Advise 42.8%
Referrals 14.8%
Provide Information 6.9%
ï§ Trust Account Overdraft Notifications
Pursuant to Tennessee Supreme Court Rule 9, Section 35.1(b), financial institutions report to
the Board whenever any properly payable instrument is presented against an attorney trust account
containing insufficient funds. After receiving notification of an overdraft, Board Staff request financial
information and explanation from the attorney.
Total Notifications: 76
Actions Taken
Referred to Investigations: 37
Resolved without Investigation: 39
4
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
ï§ Investigation
Disciplinary Counsel investigate complaints alleging unethical conduct. After investigation,
Disciplinary Counsel recommend dismissal of the complaint if there is insufficient proof of a violation
of the Rules of Professional Conduct. If the investigated complaint reflects a violation of the Rules of
Professional Conduct, Disciplinary Counsel recommend diversion, private informal admonition,
private reprimand, public censure, or the filing of formal disciplinary charges. A district committee
member reviews and approves or disapproves Disciplinary Counselâs recommendation for dismissal,
diversion, and private informal admonition. The Board of Professional Responsibility reviews and
approves or disapproves Disciplinary Counselâs recommendation for private reprimand, public
censure, and the filing of formal disciplinary charges.
A. Nature of Complaints
Trust Violations Conflict of Interest 5% Criminal Convictions 1%
6%
Relationship with Client or Fees 6% Improper
Court 13% Communications
9%
Personal
Behavior 2%
Misrepresentation
Other 1% or Fraud 7%
Neglect or Failure to Communicate 50%
5
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
B. Investigative Complaint Caseload
Complaints Received: 1,101
Complaints Pending at beginning of Fiscal Year: 482
Total Complaints: 1,583
C. Investigative Complaint Disposition:
Administrative Dismissals: 459
Investigative Dismissals: 436
Diversions: 51
Private Informal Admonitions: 20
Private Reprimands: 19
Informal Public Censures: 22
Transfer to Disability Inactive: 11
Transferred to Litigation 84
Placed on Retired Status: 21
Other: 1 34
Total: 1,157
1
Abated by death; complaint withdrawn; duplicate file.
6
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
ï§ Formal Disciplinary Proceedings:
After the Board of Professional Responsibility authorizes Disciplinary Counsel to file formal
disciplinary charges (i.e., a petition for discipline) against an attorney, the matter is assigned to three
district committee members who constitute a hearing panel. The Hearing Panel sets the disciplinary
proceeding for a hearing which is open to the public unless a protective order has been entered. The
Tennessee Rules of Evidence and Rules of Civil Procedure apply unless Tennessee Supreme Court
Rule 9 provides otherwise.
The Board of Professional Responsibility must prove an attorneyâs ethical misconduct by a
preponderance of the evidence. Hearing Panels may recommend dismissal, public censure, suspension
or disbarment.
A. Caseload
Formal cases filed during Fiscal Year: 71
Formal cases pending at beginning of Fiscal Year: 88
Total formal proceedings: 159
Public hearings conducted in Fiscal Year: 41
B. Formal Disciplinary Proceedings Disposition:
Dismissals: 1
Public Censures: 6
Suspensions: 15
Disbarments: 8
Transfer to Disability Inactive: 9
Temporary Suspensions: 9
Reinstatements: 11
Other 2: 2
Total: 61
2
Abated by death; voluntary non-suited; denied; withdrawn; nonserious crime.
7
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
Resolution of Formal Disciplinary Proceedings
15
11
9 9
8
6
2
1
Dismissals Public Censures Suspensions Disbarments Transfer to Temporary Reinstatements Other
Disability Suspensions
Inactive
8
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
ï§ Education and Information
The Board issues Formal Ethics Opinions and staff respond to informal ethics questions by phone and
internet. Disciplinary Counsel present continuing legal education seminars and workshops, publish
Board Notes, a bi-annual newsletter, and update the Boardâs website with rule changes, disciplinary
decisions and news for attorneys, judges and the public.
A. Ethics Opinions
i. Informal Opinions
Ethics Counsel and Disciplinary Counsel responded to a total of 2,198 phone and
internet inquiries from attorneys seeking ethical guidance. 3
ii. Formal Opinions
The Board did not issue any formal ethics opinions this fiscal year.
B. Continuing Legal Education (CLE) Presentations:
Between July 1, 2021 and June 30, 2022, Disciplinary Counsel presented forty (40) CLE
seminars, attended by approximately 2,913 attorneys.
C. Board Notes:
In 2021-2022, the Board emailed both Fall and Spring issues of Board Notes, the Boardâs semi-
annual newsletter to all attorneys and judges and published it on the Boardâs website.
3
Tennessee attorneys may submit ethics inquiries to the Board by calling 615-361-7500, ext. 212, or via the Boardâs website
at www.tbpr.org.
9
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
D. Workshops
a. The Board of Professional Responsibility hosted its annual Ethics Workshop on November
12, 2021 with over 900 attorneys attending virtually. This yearâs Ethics Workshop is
scheduled for November 4, 2022.
b. The Board of Professional Responsibility has offered two trust account workshops in
2021/2022. The next trust account workshop is scheduled for September 14, 2022.
10
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
Board of Professional Responsibility
Staff Directory
Name Title Extension
Doug Bergeron Disciplinary Counsel 247
Melissa Boyd Executive Assistant 204
Julie Brown Administrative Payables Clerk 215
Shilina Brown Disciplinary Counsel 232
Andrew B. Campbell Disciplinary Counsel 246
Laura Chastain Ethics Counsel 212
Steve Christopher Deputy Chief Disciplinary Counsel - Investigations 203
Jesús Del Campo Legal Assistant - Litigation 249
Dana Dunn Assistant Director 209
Eric Fuller Disciplinary Counsel 243
Sandy Garrett Chief Disciplinary Counsel 211
Reynold Gaulden, Jr. Registration Assistant II 244
Elizabeth Gray Administrative Assistant-Registration/ Scanning 202
Kelly Heflin Legal Assistant - Investigations 242
McKenzie Hollars CAP Legal Assistant 228
Katherine Jennings Executive Secretary 206
Molly Liens CAP Legal Assistant 252
Carol Marsh Receptionist 200
Mary McKnight Registration Manager 213
Jim W. Milam Disciplinary Counsel 245
Diane M. Nisbet Disciplinary Counsel 231
Tony Pros Network Administrator 205
Liz Radford Legal Assistant – Investigations and Litigation 238
Beverly Rooks Lead Legal Assistant – Investigations 233
Beverly Sharpe Director of Consumer Assistance Program 226
Pennye Sisk Lead Legal Assistant - Litigation 248
Eileen Burkhalter Smith Disciplinary Counsel 210
Candis Story Case Manager 229
Giselle Sutherland Paralegal 224
Suzie Thurber Administrative Receivables Clerk 241
Cheri Weaver CAP Paralegal 208
Lani White Registration Assistant II 227
Russ Willis Deputy Chief Disciplinary Counsel - Litigation 236
Exhibit A
41st Annual Discipline Report
Fiscal Year July 1, 2021 – June 30, 2022
District Committee Member Roster
District First Name Last Name District First Name Last Name District First Name Last Name
1 Dan E. Armstrong 4 Philip Duane Burnett 6 Clint Kelly
1 Jeremy D. Ball 4 Michael Corley 6 Eric Larsen
1 Melissia Ball 4 Christina Duncan 6 Tracy (Mr.) Moore
1 Guy W. Blackwell 4 Michael R. Giaimo 6 James Y. Ross, Sr.
1 Jeffrey A. Cobble 4 Joy Gothard 6 Raymond Runyon
1 McKenna L. (Ms.) Cox 4 Trisha L. Henegar 6 Michael L. Russell
1 Erwin (Lynn) Dougherty 4 Robert W. Newman 6 M. Stuart Saylor
1 Andrew E. Farmer 4 Lynn (Ms.) Omohundro 6 Liz Sitgreaves
1 Jeffery S. Greene 4 Daniel Rader, IV 6 Rodger D. Waynick
1 Scott D. Hall 4 Thomas S. Santel 6 Beverly White
1 William B. Harper 4 Donna S. Simpson 6 Jake Wolaver
1 Richard E. Ladd, Jr. 4 Megan K. Trott 7 Andy Anderson
1 William B. Marsh 4 Randall York 7 Shaun Brown
1 Cecil Mills 5 Adam Barber 7 Lisa Houston
1 Polly A. Peterson 5 Keene W. Bartley 7 Robert A. Jowers
1 William O. Shults 5 Robert E. Boston 7 Lisa Miller
1 Mark A. Skelton 5 Kenneth Bryant 7 William J. Milam
1 Jeffrey L. Stern 5 Jad A. Duncan 7 (William) Josh Morrow
2 Wm. Dale Amburn 5 Johnny Ellis 7 Vincent Seiler
2 Robyn J. Askew 5 Christopher B. Fowler 7 Michelle Shirley
2 Maha (Ms.) Ayesh 5 Matthew Harris 7 Terica Smith
2 Heidi Barcus 5 William J. Haynes 7 Joe VanDyke
2 Amanda M. Busby 5 Candi R. Henry 8 Bill Bowen
2 John W. Butler 5 Adam Hill 8 Dean Dedmon
2 R. Scott Carpenter 5 Lucas Jerkins 8 Jeff Lay
2 Loretta G. Cravens 5 Raymond Leathers 8 Amber Shaw
2 Shannon (Ms.) Egle 5 Russell B. Morgan 8 David A. Stowers
2 Steve Erdely 5 Anthony (Tony) Orlandi 8 Joseph E. Tubbs
2 Matthew A. Grossman 5 Steven D. Parman 8 John (Jack) Warner, III
2 Lisa J. Hall 5 Barbara Perutelli 8 Vanedda Webb
2 Josh Hedrick 5 Brant Phillips 8 Allison S. Whitledge
2 Howard B. Jackson 5 Lee (Mr.) Pope 9 Imad (Mr.) Abdullah
2 Michael S Kelley 5 Raymond G. Prince 9 Jeremy G. Alpert
2 Michael J. King 5 Daniel H. Puryear 9 S. Keenan Carter
2 Mary Elizabeth Maddox 5 Peter C. Robison 9 Margaret Chesney
2 Stephen A. Marcum 5 Abby R. Rubenfeld 9 Frank Childress
2 Chris McCarty 5 Christopher C. Sabis 9 Brian Coleman
2 Carl P. McDonald 5 (Denise) Billye Sanders 9 David M. Cook
2 Ben Mullins 5 Michael J. Sandler, Sr. 9 Anne B. Davis
2 Marshall H. Peterson 5 Jennifer Lynne Sheppard 9 Laura Deakins
2 Wayne A. Ritchie, II 5 Lesa Skoney 9 Nicole Grida
2 Kevin Teeters 5 Jeffrey Spark 9 Greg Grisham
2 Victoria B. Tillman 5 M. Clark Spoden 9 Rebecca Hinds
2 Hanson R. Tipton 5 Taylor C. (Mr.) Sutherland 9 Lauren Holloway
2 Brian Wanamaker 5 David J. Tarpley 9 Earl W. Houston, II
2 Shelly Wilson 5 James Patrick Warfield 9 Robbin (Ms.) Hutton
3 Peter Alliman 5 Luther Wright, Jr. 9 Adam Johnson
3 Ariel Anthony 6 Evan P. Baddour 9 Tressa V. Johnson
3 John H. (Cam) Cameron, Jr. 6 Richard Boehms 9 Julia Kavanagh
3 John M. Carson III 6 Jessica N. Borne 9 E. Patrick (Pat) Lancaster
3 Larry Cash 6 Nathan Brown 9 Melisa Moore
3 Sam D. Elliott 6 Jim Catalano 9 Zachary Moore
3 Rachel Fisher-Queen 6 Thomas B. Dean 9 Charles "Chip" Morrow
3 John F. Kimball 6 Hilary Duke 9 Ashley (Ms.) Patterson
3 Jeffrey Maddux 6 Nichole Dusché 9 Steve Ragland
3 Lance W. Pope 6 Mary Katharine Evins 9 Marc Reisman
3 H. Chris Trew 6 Rebekah Fisher 9 Holly J. Renken
3 Carmen (Ms.) Ware 6 Jennifer F. Franks 9 Zayid Saleem
3 Ronald D. Wells 6 Robert H. Hassell, II 9 Emmett L. Whitwell
3 Elizabeth L Williams 6 Cameron R. Hoffmeyer 9 Leslie (Ms.) Yohey (Isaacman)
4 William "Howie" Acuff 6 Patricia Holder
12
Exhibit B
Document Meta Data
| Key | Value |
|---|---|
| Author | jturner |
| Creator | jturner |
| Description | empty |
| Keywords | empty |
| ModifyDate | Tuesday, August 30, 2022 9:55 AM -05:00 |
| PageCount | 12 |
| PDFVersion | 1.6 |
| Subject | empty |
| Title | empty |
| Key | Value |
|---|---|
| Comments | empty |
| Company | BPR |
| CreateDate | Tuesday, August 30, 2022 9:55 AM -05:00 |
| CreatorTool | Acrobat PDFMaker 22 for Word |
| DocumentID | uuid:3b3f81a5-3679-4c1c-8955-389a9021b17c |
| FileName | annual-report-2021-2022.pdf |
| FileSize | 620 kB |
| FileType | |
| FileTypeExtension | |
| Format | application/pdf |
| InstanceID | uuid:400036d8-f969-4fd4-ad07-53d39d2bd9ce |
| Language | EN-US |
| Linearized | Yes |
| MetadataDate | Tuesday, August 30, 2022 9:55 AM -05:00 |
| MIMEType | application/pdf |
| PageLayout | OneColumn |
| Producer | Adobe PDF Library 22.2.223 |
| SourceFile | annual-report-2021-2022.pdf |
| SourceModified | Monday, August 29, 2022 8:51 PM +00:00 |
| TaggedPDF | Yes |
| XMPToolkit | Adobe XMP Core 7.1-c000 79.cb7c5a1, 2022/04/14-05:22:35 |