BOARD OF PROFESSIONAL RESPONSIBILITY (2013)

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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org

RELEASE OF INFORMATION
RE: JOHN MICHAEL GIGLIO, BPR #25139
CONTACT: ELIZABETH C. GARBER
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

February 27, 2013

GEORGIA LAWYER CENSURED

On February 26, 2013, John Michael Giglio, an attorney licensed to practice law in Tennessee, received
a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

In an estate matter, Mr. Giglio informed his client that he would charge a fifteen percent contingency
fee, but did not provide a written contract documenting the terms of the fee agreement. Because he was not
licensed in Tennessee, Mr. Giglio associated and divided his fee with a Tennessee attorney. The client
contested the reasonableness of Mr. Giglio’s $70,000 attorney fee before the Probate Court, because he charged
fifteen percent of the $500,000 that the client had received from one insurance company without Mr. Giglio’s
assistance. The Probate Court Clerk and Master found that a reasonable fee for Mr. Giglio's services would be
$20,000, and ordered him to refund $50,000 plus the costs of the fee proceeding.

By these acts, John Michael Giglio has violated Rules of Professional Conduct 1.5(a) (requiring
reasonable fees), 1.5(c) (requiring written contingency fee agreements), and 1.5(e) (requiring written consent
prior to division of fees between lawyers), and is hereby Publicly Censured for these violations.

A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to
practice law.

Giglio 32196-0 rel.doc

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