BOARD OF PROFESSIONAL RESPONSIBILITY (2009)
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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
RE: H. OWEN MADDUX, BPR# 515
CONTACT: KRISANN HODGES
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
July 9, 2009
CHATTANOOGA LAWYER SUSPENDED
On July 2, 2009, H. Owen Maddux, of Chattanooga, Tennessee, was suspended for five (5) months by Order of
the Tennessee Supreme Court.
The Board of Professional Responsibility filed a Petition for Discipline against H. Owen Maddux pursuant to
Rule 9 of the Rules of the Supreme Court of Tennessee alleging that Mr. Maddux violated several rules of professional
conduct in his representation of a client suffering injuries following a car accident in Florida. Mr. Maddux missed the
statute of limitations for filing suit in Florida. Mr. Maddux was not licensed to practice law in Florida, was not competent
in Florida law, and did not associate a Florida attorney to assist him. He further neglected the matter for several years
after being hired by failing to interview the treating physicians, by failing to inform the client that he missed the statute of
limitations, and by failing to adequately communicate with the clients until after a disciplinary complaint had been filed.
Additionally, Mr. Maddux misled his client by advising her that the case could not proceed because the insurance
company was changing representatives. After the complaint had been filed with the Board, Mr. Maddux sought to enter
into a settlement agreement with the client without adequately informing them of the conflict of interest and without
informing her that she may seek independent counsel. Finally, Mr. Maddux commingled personal funds in his trust
account which had been deposited for the purpose of making a settlement payment to the client.
After a full hearing, a Hearing Panel recommended that Mr. Maddux be suspended for five (5) months. Mr.
Maddux appealed the Hearing Panelâs recommendation by filing a Writ of Certiorari to the Chancery Court of Hamilton
County. The Chancery Court affirmed the Hearing Panelâs decision. Mr. Maddux appealed to the Supreme Court. The
Supreme Court affirmed the Chancery Courtâs judgment in an opinion filed on July 2, 2009.
Mr. Madduxâs actions violate the following Rules of Professional Conduct: 1.1, Competence; 1.2(a), Scope of
Representation; 1.3, Diligence; 1.4, Communication; 1.8(a), Conflict of Interest: Prohibited Transactions; 1.15, Fees (a);
8.1(b), Bar Admission and Disciplinary Matters; and 8.4(a)(c) and (d), Misconduct.
Mr. Maddux must comply with Section 18 of Rule 9, Rules of the Supreme Court, regarding the obligations and
responsibilities of suspended attorneys.
Maddux 1601-3 rel.doc
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