BOARD OF PROFESSIONAL RESPONSIBILITY (2014)

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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: MICHAEL LEE WEST, BPR #1868
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
November 19, 2014
HAMILTON COUNTY LAWYER DISBARRED
On November 14, 2014, Michael Lee West, of Hamilton County, Tennessee, was disbarred by the
Tennessee Supreme Court, pursuant to Tennessee Supreme Court Rule 9 Section 4.2 and ordered to pay
restitution to four (4) former clients. The order of disbarment is effective November 24, 2014.
On April 11, 2014, a Petition for Discipline was filed against Mr. West based upon three complaints of
misconduct. Subsequent to the filing of the Petition for Discipline, the Board received three additional ethical
complaints. In the first complaint, Mr. West misappropriated approximately $45,000.00 in settlement proceeds
he held in trust for his client and/or third-party medical providers. In the second complaint, Mr. West accepted
a retainer fee to file a detainer action but delayed filing the detainer action for a year. After being terminated,
Mr. West refused to refund the retainer fee or communicate with his client. In the third complaint, Mr. West
deposited a non-refundable earned fee into his trust account and, thereafter, wrote a trust check payable to
himself for the fee. The bank honored Mr. West’s trust check; however, the client’s check was subsequently
returned for insufficient funds placing the trust account in a negative balance. Mr. West represented to the
Board he would deposit funds into his trust account sufficient to reimburse the bank for its loss but did not
honor his commitment. In the fourth and fifth complaints, Mr. West failed to provide legal services for which
he was retained, failed to communicate with his clients to apprise them of the status of their respective case and
failed to respond to requests for refunds by the clients. In the last complaint, Mr. West engaged in the
unauthorized practice law in violation of the Order of Temporary Suspension entered by the Supreme Court on
March 18, 2014.
Mr. West has admitted his conduct is in violation of Rules of Professional Conduct 1.3 (diligence); 1.4
(communication); 1.5 (fees); 1.15 (safekeeping property and funds); 1.16 (declining or terminating
representation); 3.2 (expediting litigation) and 8.4(a), (c) and (d) (misconduct).
Mr. West must comply with Tennessee Supreme Court Rule 9, Section 18 (2006) and Rule 9, Section
30.4 (2014) regarding the obligations and responsibilities of disbarred attorneys and the procedure for
reinstatement. Mr. West must pay the Board’s costs and expenses prior to reinstatement to the practice of law.
West 2310-3 rel.doc

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