Board of Professional Responsibility of the Supreme Court of Tennessee

dewhirst-34305.pdf (2011)

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Elli] {JCT 2‘5 di‘lil =55:
n: DISCIPLRQARY DISTRICT 1:
OF THE Efiflfif} E3}? Fftili'fimfiiijim,
BOARD or PROFESSIONAL RESPONSIBiLITY Rgfil’fitfi3M???
01? nor. EXEC. 88 “r :
SUPREW COURT OF TENNESSEE

1N RE; Respondent
HILLARY ELLEN DEWHIRST, BPRNO 22360
anaitorneyhoensed .. _ FILE NO. 34305~2—RW .

to practice law1151 Tennessee
(Knox County)

. PUBLIC CENSURE

The above oomplaint was filed against Hillary Ellen Dewhirst, an attorney lieensed to

practice law in Tennessee, alleging eertain acts of miaeonduot. Pursuant to Supreme Court Rule

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

9, 2011.

Respondent was appointed on cases as a Guardian Ad Litem for the Knox County

JuVenile Court and billed the Administrative Office of the Courts (A00) for these services.

Respondent discovered in 52010 that she should not have billed the AOC for services of a non"

lawyer assistant from the fall of 200’? to the fall of 2010, since such compensation is not

permitted pmnuant to Tennessee Supreme Court Rule 13. On her fee claim, Respondent

inoluded her assistant’s time, but, did not identify it as such. Respondent was paid finm the

AOC’S indigent defense fluid based on her foe claims. In July 3011, representatives of the AOC

met with Respondent: about an audit of her billings it had oottdnetecl. As a. result of that audit,

Respondent soifireported to the Board.

Respondent was mmware prior to 2010 matRule 13 did not permit compensalion for a

non-lawyer aasietant. Respondent irmnediately discontinued the practice once she realized her
error. Howevar, she did not make the ADC aware that she had billad for a nonulawyer assistant

until they met? with herrin July 2011. Raspondent has agreed to make $19,538 testimtion to the

A00 for this overpayment. The above conduct vioiates Rules of Profassional Conduct

8.4(Ira);£c)l,.a1'1'ldfi(d). I U'
By the aforementioned acts, Hillary Ellen Dewhirst has viola't-ed' Rule 9f. Professional

Conduct EBA-(a), (a), and (cl) (Misconduct), and is hmteby Publicly Censm'ed for these violations.

FOR THE} BOARD OF
PROFESSIONAL RESPONSIBILITY

flit NWMJ/b
Lela M. I-Ioflabaugh, Chdir

Dephm '0”: ”(201 I
Date

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