barnes-33173.pdf (2009)

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IN orscrrLrNARY DISTRICTVI iimi'Jilil 25 PM fit It":
or THE P t ,
BOARD or PROFESSIONAL RESPONSIBILITXEGAifi-fééi 'Dfifiigfitiiiihtt-
OF ”Fl-IE w,- .

IN RE: WILLIAM CLARK BARNES, JR., BPR NO. 11399 iF]LENO. 33173-6—RW
ReSpondent, an attorney licensed
to practice law in Tennessee
(Maury County)

PUBLIC CENSURE

The above complaint was filed against William Clark Barnes, Jr., an attorney licensed to

practice law in Tennessee, alleging certain acts of misconduct. Pursuant to Supreme Court Rule 9,

the Board of Pr‘oibssional Responsibility considered these matters at its meeting on December 10,

2010.

Respondent represented his client at a hearing on Juiy 10, 2009, in which the Court ruled on

terms of an amended permanent parenting plan (PPP) and child support worksheet. Adverse counsel

faxed a copy of a proposed Order reflecting the court’s ruling and attached PPP to Respondent. on

July 17 and July 23, 20095 for his review. When adverse counsel did not hear from Respondent, she

scheduled it for a he sting on August 7, 2009. Respondent and adverse counsel communicated before

the hearing, which he did not attend. The Order and attached PPP were submitted for entry at that

time by adverse counsel, who signed Respondent‘s name'with permission. Respondent admits that

he failed to review the Order and attached PPP before they were entered. While Respondent does

not admit that the Order and PPP contained errors, in a subsequent letter to adverse counsel,

Respondent states that his client pointed out errors, which he was correcting in the enclosed modified
parenting plan he intended to file with the court. Also, Respondent cited “clerical errors” as grounds

for the motion for modification. Respondent’s contention that he did not give adverse counsel

permission to sign his name to the Order is tebutted by adverse counsel’s account, which is

supported by documentation. Respondent failed to send the motion to modify the parenting, pian he

filed to his client. Respondent has past disciplinary history for similar conduct.

By the aforementioned facts, William Clark Barnes, J12, has violatedRules of Professional

Conduct 1.1 (competence), 1.3 (diiigence) and 1.4 (communication) and is hereliy Publicly Censuted

for these violations.

FOR THE BOARD OF
PROFESSIONAL RESPONSIBKLITY

Gilliam
Leld M. I-Iollabaughfiabhair

Wat;—

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