Board of Professional Responsibility of the Supreme Court of Tennessee

BPR_Annual_Report_-_FY_2017-2018_REVISED.pdf (2017)

Note: This document was published in 2017. 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 (BPR_Annual_Report_-_FY_2017-2018_REVISED.pdf)

Go to Top

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

37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

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 Court’s 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 2017-2018, Board members
volunteered 770 hours and received no compensation for their service. Current members of the Board
include:

Jimmie Miller (Chair)
Odell Horton, Jr. (Vice-Chair)
Dana Dye
Ruth Ellis
Floyd Flippin
John D. Kitch
Joe Looney
Jon Lundberg (Lay Member)
Tyreece Miller (Lay Member)
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 2017-2018, 170 attorneys assisted the Court and the Board as
district committee members reviewing Disciplinary Counsel’s recommendations on investigative files
and sitting on hearing panels conducting formal disciplinary charges. Of the 170 members, 160
reported volunteering 2,857 hours in 2017-2018 for which they received no compensation for their
services. A roster of current district committee members is attached as Exhibit B.
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

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. We collect and
make available public registration information on our website to allow the judiciary, lawyers
and the public to access licensing, registration and contact information about lawyers.

Active Attorneys: 22,793

Active Attorney Statistics:

• Years Licensed: <5 yrs: 15% ● Age: 21-29 yrs: 4%
5-10 yrs: 32% 30-49 yrs: 48%
10-20 yrs: 22% 50-74 yrs: 43%
20-30 yrs: 15% 75+ yrs: 4%
>30 yrs: 16%

• Gender: Male: 60% ● In-state Attorneys: 82%
Female: 33% ● Out-of-state Attorneys: 18%
Unreported: 7%

2
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

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 2017-2018 as follows:

Non-payment of Annual Fee: 59
Continuing Legal Education non-compliance: 128
Interest on Lawyer’s Trust Accounts non-compliance: 21
Professional Privilege Tax non-compliance: 0
Default on a Student Loan: 1
Total: 209

Other Attorney Information:

- Inactive Attorneys: 4,908
- Pro hac vice Attorneys: 665
- Suspended Attorneys: 1,972
- In-house Counsel: 234

3
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

Assistance, Investigation and Prosecution

Consumer Assistance Program (CAP)

Non-frivolous complaints against attorneys submitted by clients, lawyers, judges and the public
are referred to the Board’s 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 2,460

Timeliness of Resolution

0 to 15 days 79.7%
16 to 30 days 11.8%
31 to 60 days 6.9%
61 or more days 1.7%

Actions Taken

Mediate 36%
Advise 45%
Referrals 12%
Provide Information 7%

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 Counsel’s recommendation for dismissal,
diversion, and private informal admonition. The Board of Professional Responsibility reviews and
approves or disapproves Disciplinary Counsel’s recommendation for private reprimand, public
censure, and the filing of formal disciplinary charges.

4
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

A. Nature of Complaints

B. Investigative Complaint Caseload

Complaints Received: 1,542
Complaints Pending at beginning of Fiscal Year: 579

Total Complaints: 2,121

5
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

C. Investigative Complaint Disposition:

Administrative Dismissals: 570
Investigative Dismissals: 651
Diversions: 29
Private Informal Admonitions: 58
Private Reprimands: 26
Informal Public Censures: 35
Transfer to Disability Inactive: 19
Placed on Retired Status: 12
Other:1 13

Total: 1,413

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 attorney’s 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: 144
Formal cases pending at beginning of Fiscal Year: 112

Total formal proceedings: 256

Public hearings conducted in Fiscal Year: 53

1
Abated by death; complaint withdrawn; duplicate file.
6
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

B. Formal Disciplinary Proceedings Disposition:

Dismissals: 2
Public Censures: 4
Suspensions: 28
Disbarments: 23
Transfer to Disability Inactive: 31
Temporary Suspensions: 22
Retired: 9
Reinstatements: 14
Other2: 1

Total: 134

2
Abated by death; voluntary non-suited; denied; withdrawn.

7
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

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, publish Board Notes, a bi-
annual newsletter, and update the Board’s 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 2,332 phone and
internet inquiries from attorneys seeking ethical guidance.3

ii. Formal Opinions

2017-F-163: The Board of Professional Responsibility issued a Formal Ethics Opinion
regarding the Prosecutors’ Ethical Obligations to Disclose Information Favorable to the
Defense.

2017-F-164: The Board of Professional Responsibility issued a Formal Ethics Opinion
regarding the opening and operation of a proposed interstate law firm, using a trade
name, SETCO Law (the “Firm”). Interstate law firm partnerships are permitted if they
comply with The Tennessee Rules of Professional Conduct. Such interstate law firm
partnerships may use a tradename if it complies with RPC 7.1 and RPC 7.5. Interstate
law firm partnerships may lease space from a title company if there is a distinct
separation between the law firm and the title company with regard to entry way, signage,
letterhead, business cards, etc., and the customers of the law related services are advised
that the protections of the client-lawyer relationship do not apply to the provision of the
law related services of the title company, preferably in writing.

2018-F-165: This Formal Ethics Opinion is regarding the ethical implications of a
website owned and operated by a company on which businesses and individuals may
post a description of legal services for which they are seeking representation and
lawyers/law firms may subsequently submit quotes for the cost of the legal service.

3
Tennessee attorneys may submit ethics inquiries to the Board by calling 615-361-7500, ext. 212, or via the Board’s website
at www.tbpr.org.

8
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

2018-F-166: Formal Ethics Opinion 2018-F-166 is regarding the ethical propriety of a
settlement agreement which contains a confidentiality provision that prohibits any
discussion of any facet of the settlement agreement with any other person or entity,
regardless of the circumstances; and which prohibits the requesting attorney from
referencing the incident central to the plaintiff’s case, the year, make, and model of the
subject vehicle or the identity of the Defendants.

B. Continuing Legal Education (CLE) Presentations:

Between July 1, 2017 and June 30, 2018, Disciplinary Counsel presented sixty (60) CLE
seminars, attended by approximately 3,793 attorneys.

C. Board Notes:

In 2017-2018, the Board emailed both Fall and Spring issues of Board Notes, the Board’s semi-
annual newsletter to all attorneys and judges and published it on the Board’s website.

9
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

Board of Professional Responsibility
Staff Directory
Name Title Extension
Kevin Balkwill Disciplinary Counsel 223
Carol Bershatsky Receptionist 200
Patty Burton Assistant Director 216
Melanie Cail Legal Assistant - Litigation 237
Laura Chastain Ethics Counsel 212
Steve Christopher Disciplinary Counsel 203
Jennifer Croft CAP Intake Assistant 228
Sandy Garrett Chief Disciplinary Counsel 211
Reynold Gaulden, Jr. Registration Assistant II 244
Elizabeth Gray Administrative Assistant-Registration/ Scanning 202
Candis Grooms Case Manager 229
Kelly Heflin Legal Assistant - Investigations 242
Krisann Hodges Deputy Chief Disciplinary Counsel 214
Alan Johnson Disciplinary Counsel 207
Soumya Kademakki Lead Legal Assistant - Investigations 218
Cheryl Lang Administrative Scan Clerk 234
Mary McKnight Registration Manager 213
Bill Moody Disciplinary Counsel 217
Dana Patrick Paralegal 224
Tony Pros Network Administrator 230
Suzanne Saucier Lead Legal Assistant - Litigation 221
Jessica Schraw CAP Paralegal 240
Beverly Sharpe Director of Consumer Assistance Program 226
Preston Shipp Disciplinary Counsel 222
Eileen Burkhalter Smith Disciplinary Counsel 210
Diane Thompson Legal Assistant - Investigations 201
Suzie Thurber Administrative Receivables Clerk 219
Julie Turner Executive Assistant 209
Cheri Weaver CAP Legal Assistant 208
Rita Webb Executive Secretary 206
Lani White Registration and Scan Clerk 234
Russ Willis Disciplinary Counsel 236
Beverly Yousefzadeh Administrative Payables Clerk 241

Exhibit A
37th Annual Discipline Report
Fiscal Year July 1, 2017 – June 30, 2018

District Committee Member Roster
District Last Name First Name District Last Name First Name District Last Name First Name
1 Canter Julie 4 Aaron Doug 6 Moore Tracy
1 Dunn James B. 4 Bobo S. Todd 6 Mounger Dalton
1 Evans Curtis Dwaine 4 Corley Michael 6 Plant Paul
1 Harrison James W. 4 Duncan Christina 6 Schell Edward
1 Haynes, Jr. Olen 4 Gothard Joy 6 Smith Jerry V.
1 Herndon, IV Charles 4 Hagan, Jr. A. Ensley 6 Spitzer Michael
1 Ladd, Jr. Richard E. 4 Heckman Kyle B. 6 Underwood Timothy
1 Peterson Polly A. 4 Henry Jeffrey 6 Walker Jeffery
1 Pierce Nikki C. 4 Newman Robert W. 6 Wolaver Jake
1 Skelton Mark A. 4 Omohundro Lynn 7 Finney Lowe
1 Smith M. Neil 4 Thompson Tommy 7 Floyd Matthew A.
1 Terry Steve 4 York Randall 7 Gray Bob
1 Woods Laura 5 Bigelow Robert C. 7 Hessing Paul
2 Adams Oliver Dawson 5 Boyd Martha 7 Maddox, III Dwayne
2 Alley Keith 5 Bryant Kenneth 7 Marshall Teresa
2 Amburn Wm. Dale 5 Castellarin Michael M. 7 Milam William J.
2 Butler John W. 5 Dowlen Zale 7 Reynolds Jay
2 Carpenter Robert 5 Ellis John 7 Scott Clint
2 Cone James C. 5 Fowler Christopher B. 7 Thorne Leanne
2 Couch Virginia 5 Gabbert, Jr. Craig V. 7 Townsend, Jr. Edwin
2 Crutchfield Karen 5 Kweller Stanley A. 8 Bivens Phillip
2 Draper David A. 5 McGee Richard 8 Bowen Bill
2 Dreiser John Paul 5 Mendes Robert 8 Maness Tony
2 Eldridge John E. 5 Ney, Jr. Paul 8 Shaw Amber
2 Ford Joe 5 O'Bryan Bill 8 Warner, III John
2 Gaby Gene Paul 5 Parman Steven D. 8 Webb Vanedda
2 Hall Christopher 5 Perry Andrea P. 9 Abdullah Imad
2 Irvine, Jr. Kenneth 5 Potempa Matthew 9 Bearman David
2 Johnson Russell 5 Prince Raymond G. 9 Branch Thomas
2 Krumm Brian K. 5 Raney Aaron 9 Campbell Karen
2 Marcum Stephen A. 5 Rubenfeld Abby 9 Canale Stuart
2 Morrison Eric J. 5 Sabis Christopher C. 9 Cassidy, Jr. Tom
2 O'Kane James 5 Sheppard Jennifer Lynne 9 Chesney Margaret
2 Peterson Marshall H. 5 Shockley Gary 9 Childress Frank
2 Stackhouse Mary Ann 5 Shulman Rebekah 9 Click Rick
2 Stephens Mark 5 Skoney Lesa 9 Deakins Laura
2 Teeters Kevin 5 Sweeney Matthew 9 Diggs Asia
2 Tillman Victoria B. 5 Tarpley David J. 9 Diggs Asia
2 Tipton Hanson R. 5 Welch Bernadette 9 Donelson Vivian Ray
2 Tonkin Elizabeth 5 Wigger Gerald C. 9 Floyd Amber
2 Ward Hugh B. 6 Bates, III Douglas T. 9 Halmon Harriett
2 Woodfin Clint 6 Brown Nathan 9 Hunt Sean A.
2 Young Broderick 6 Bryan Vanessa 9 Kavanagh Julia
3 Blevins Melissa 6 Burlison Greg 9 Kellum Timothy
3 Buchanan Ginger 6 Catalano Jim 9 Mathis Andre
3 Cannon Blair 6 Coffinberry Anita Lynn 9 Morrow Charles
3 Carson III John M. 6 Durham Ryan P. 9 Mullins Kimbrough
3 Crump Stephen D. 6 Fahey, II Michael 9 Patterson Ashley
3 Hill Rosemarie L. 6 Flynn Patrick 9 Patton Michael C.
3 Hill, Sr. Cameron S. 6 Hassell, II Robert H. 9 Podesta Eugene
3 Jacobs Philip 6 Helper Kim 9 Reed Terrence
3 Jenne Michael 6 Henry, Jr. Joseph 9 Savory Russell
3 Killian Bill 6 Holt Charles 9 Sink Jennifer
3 Kimball John F. 6 Kelly Clint 9 Turner Kamilah
3 Swafford Lynne 6 Kozlowski David 9 Wellford Buckner
3 Trew H. Chris 6 McWherter James Brandon 9 Wharton Andre
3 Weiss William 6 Milam James W.

Exhibit B

11

Go to Top

Document Meta Data

Primary Meta Data for PDF File
Key Value
Author jturner
Creator PScript5.dll Version 5.2.2
ModifyDate Wednesday, August 08, 2018 10:36 AM +00:00
PageCount 11
PDFVersion 1.4
Title Microsoft Word - Annual Report - 2017 to 2018 FINAL
Additional Meta Data for PDF File
Key Value
CreateDate Wednesday, August 08, 2018 10:36 AM +00:00
FileName BPR_Annual_Report_-_FY_2017-2018_REVISED.pdf
FileSize 670 kB
FileType PDF
FileTypeExtension pdf
Linearized No
MIMEType application/pdf
Producer GPL Ghostscript 8.15
SourceFile BPR_Annual_Report_-_FY_2017-2018_REVISED.pdf

Go to Top

Assistance Request

Request Accessibility Assistance

Go to Top