BOARD OF PROFESSIONAL RESPONSIBILITY (2005)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
IN RE: JAMES L. MILLIGAN, JR., BPR # 1559
CONTACT: TRIPP HUNT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
July 21, 2005
KNOXVILLE LAWYERâS LAW LICENSE SUSPENDED
On June 28, 2005, the Supreme Court of Tennessee suspended the law license of
James L. Milligan Jr. for two (2) years. Disciplinary Counsel of the Board of Professional
Responsibility had filed a petition for discipline as to Mr. Milligan. The petition was heard
before a hearing panel of the Board. The panel recommended disbarment. Pursuant to Rule 9,
Rules of the Supreme Court of Tennessee, Mr. Milligan appealed. The Knoxville Chancery
Court (William Inman, Sr. serving as special judge) recommended Mr. Milligan receive a Public
Censure. Disciplinary Counsel appealed to the Supreme Court, with the Court deciding to
suspend Mr. Milliganâs law license for two (2) years. At the end of two years Mr. Milliganâs law
license will not be automatically reinstated. Before it can be reinstated Mr. Milligan must prove
by clear and convincing evidence to a hearing panel of the Board of Professional Responsibility
his fitness to return to the practice of law.
The Court found that Mr. Milligan misappropriated trust funds. He overdrew on his trust
account 24 times in one year. In an eight month period he incurred overdraft charges in the
amount of $766. He wrote a check on his trust account to Attorney G. Turner Howard, for Mr.
Howardâs work on a case that had been settled which was returned for insufficient funds. In the
case of Michael Overton, Mr. Milligan deposited in his checking account $50,000 on May 7,
1999. Mr. Milligan did not make a disbursement to Mr. Overton in the amount of $29,924.21
until May 28, 2002. During this period of time, Mr. Milliganâs trust account dipped beneath
$29,924.21 indicating a misappropriation of funds. Mr. Milligan admitted using client funds
before settlement funds were deposited in his trust account and depositing client funds in non-
trust accounts. The Court found that Mr. Milligan thereby violated DR1-102(A), 2-106(A), 7-
101(A), 9-102(A) and 9-102(B) of the attorneyâs ethics rules in effect at the time of the offenses.
In the case of Kerry Johnson Mr. Milligan used Mr. Johnsonâs monies for his personal
use. He signed the names of the Johnsons to a release and falsely notarized the signatures. The
Court found that this conduct involved dishonesty, fraud, deceit, or misrepresentation. The Court
found that Mr. Milligan thereby violated DR1-102(A) of the Attorneyâs Ethics Rules in effect at
the time of the offenses. The Court stated in its opinion âWe find these violations to be very
serious and indicative of conduct that should not and will not be tolerated.â
The Court found as aggravating circumstances Milliganâs prior public censure and two
admonitions, as well as his failure to comply with the recommendations of Suzanne Rose,
theTennessee Bar Law Practice Management Consultant. It found as a mitigating factor the fact
that Mr. Milligan âUltimately made good the checks returned for insufficient funds and there is
no evidence that any individual lost money as a result of (Milliganâs) actions.â
Milligan 1187-2 rel.doc
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