Board of Professional Responsibility of the Supreme Court of Tennessee

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Board of Professional Responsibility

38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

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 2018-2019, Board members
volunteered 864 hours and received no compensation for their service. Current members of the Board
include:

Floyd Flippin (Chair)
Odell Horton, Jr. (Vice-Chair)
Dana Dye
Ruth Ellis
John D. Kitch
Joe Looney
Jon Lundberg (Lay Member)
Jimmie Miller
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 2018-2019, 177 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 177 members, 170
reported volunteering 2,727 hours in 2018-2019 for which they received no compensation for their
services. A roster of current district committee members is attached as Exhibit B.
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

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: 22,956

Number of Active Tennessee Attorneys*

22,956

19,622
18,117

11,605

8,267

1979 1989 1999 2009 2019

Active Attorney Statistics:

 Years Licensed: <5 yrs: 16% ● Age: 21-29 yrs: 3%
5-10 yrs: 16% 30-49 yrs: 47%
10-20 yrs: 27% 50-74 yrs: 45%
20-30 yrs: 18% 75+ yrs: 5%
>30 yrs: 23%

 Gender: Male: 62% ● In-state Attorneys: 82%
Female: 34% ● Out-of-state Attorneys: 18%
Unreported: 4%

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38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

Inactive Attorneys

Pursuant to Tennessee Supreme Court Rule 9, Section 10.3, inactive attorneys include
attorneys serving as justice, judge or magistrate of a court of the United States of America or
who serve in any federal office in which the attorney is prohibited by federal law from engaging
in the practice of law; retired attorneys; attorneys on temporary duty with the armed forces;
faculty members of Tennessee law schools who do not practice law; and attorneys not engaged
in the practice of law in Tennessee. In 2018-2019, 5,139 attorneys on inactive status were
registered with the Board of Professional Responsibility.

 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 2018-2019 as follows:

Non-payment of Annual Fee: 636
Continuing Legal Education non-compliance: 180
Interest on Lawyer’s Trust Accounts non-compliance: 94
Professional Privilege Tax non-compliance: 175
Default on a Student Loan: 0
Total: 1,085

3
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

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 2,277

Timeliness of Resolution

0 to 15 days 62.0%
16 to 30 days 27.0%
31 to 60 days 9.3%
61 or more days 1.7%

Actions Taken

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

 Trust Account Overdraft Notifications

Pursuant to Tennessee Supreme Court Rule 9, Section 35.1(b), financial institutions report to
the Board whenever any properly payable instrument is presented against an attorney trust account
containing insufficient funds. After receiving notification of an overdraft, Board Staff request financial
information and explanation from the attorney.

Total Notifications: 104

Actions Taken

Referred to Investigations: 18
Referred to Litigation: 0
Resolved without Investigation: 86
4
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

 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.

A. Nature of Complaints

5
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

B. Investigative Complaint Caseload

Complaints Received: 1,520
Complaints Pending at beginning of Fiscal Year: 495

Total Complaints: 2,015

C. Investigative Complaint Disposition:

Administrative Dismissals: 615
Investigative Dismissals: 510
Diversions: 32
Private Informal Admonitions: 39
Private Reprimands: 31
Informal Public Censures: 43
Transfer to Disability Inactive: 42
Placed on Retired Status: 24
Other: 1 24

Total: 1,360

1
Abated by death; complaint withdrawn; duplicate file.
6
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

 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: 130
Formal cases pending at beginning of Fiscal Year: 112

Total formal proceedings: 242

Public hearings conducted in Fiscal Year: 47

B. Formal Disciplinary Proceedings Disposition:

Dismissals: 8
Public Censures: 11
Suspensions: 18
Disbarments: 21
Transfer to Disability Inactive: 29
Temporary Suspensions: 14
Retired: 4
Reinstatements: 7
Other 2: 12

Total: 124

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

7
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

8
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

 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 and workshops, 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 2,543 phone and
internet inquiries from attorneys seeking ethical guidance. 3

ii. Formal Opinions

The Board of Professional Responsibility revised Board Policy 3.15(B), with approval
of the Tennessee Supreme Court, to solicit comments from judges, attorneys and the
public regarding proposed formal ethics opinions. Formal Ethics Opinion 2019-F-167
was issued by the Board after soliciting and receiving comments.

2019-F-167: The Board of Professional Responsibility issued a Formal Ethics Opinion
regarding the ethical propriety of a settlement agreement, in a products liability case,
which contains as a material condition of the settlement that the subject vehicle alleged
to be defective be destroyed within 180 days with certification to defendant’s counsel
of record of the destruction.

B. Continuing Legal Education (CLE) Presentations:

Between July 1, 2018 and June 30, 2019, Disciplinary Counsel presented sixty (69) CLE
seminars, attended by approximately 3,680 attorneys.

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.

9
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

C. Board Notes:

In 2018-2019, 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.

D. Workshops

a. The Board of Professional Responsibility hosted its annual Ethics Workshop on November
2, 2018 at the Nashville School of Law with over 400 attorneys attending. This year’s Ethics
Workshop is scheduled for October 25.

b. Since August, 2018, the Board of Professional Responsibility has offered a Trust Account
workshop to attorneys receiving diversion and/or discipline for trust account violations.
Two trust account workshops were held in 2018/2019.

10
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

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 Deputy Chief Disciplinary Counsel - Investigations 203
Jennifer Croft Legal Assistant - Investigations 201
Sandy Garrett Chief Disciplinary Counsel 211
Reynold Gaulden, Jr. Registration Assistant II 244
Elizabeth Gray Administrative Assistant-Registration/ Scanning 202
Penny Greene Administrative Receivables Clerk 219
Candis Grooms Case Manager 229
Kelly Heflin Legal Assistant - Investigations 242
Alan Johnson Disciplinary Counsel 207
Soumya Kademakki Lead Legal Assistant - Investigations 218
Travis Lampley Disciplinary Counsel 236
Cheryl Lang Administrative Scan Clerk 234
Mary McKnight Registration Manager 213
Jerry Morgan Disciplinary Counsel 245
Dana Patrick Executive Assistant 209
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
Marcy Shelton Disciplinary Counsel 222
Eileen Burkhalter Smith Disciplinary Counsel 210
Giselle Sutherland Paralegal 224
Suzie Thurber CAP Intake Assistant 228
Cheri Weaver CAP Legal Assistant 208
Rita Webb Executive Secretary 206
Lani White Registration and Scan Clerk 234
Russ Willis Deputy Chief Disciplinary Counsel - Litigation 214
Beverly Yousefzadeh Administrative Payables Clerk 241

Exhibit A
38th Annual Discipline Report
Fiscal Year July 1, 2018 – June 30, 2019

District Committee Member Roster

District First Name Last Name District First Name Last name District First Name Last name
1 McKenna L. Cox 4 W. I. Howell Acuff 6 Michael "Jay" Fahey, II
1 James W. Harrison 4 Michael Corley 6 Kim (Ms.) Helper
1 Julie Canter 4 Kyle B. Heckman 6 James W. Milam
1 Mark A. Skelton 4 S. Todd Bobo 6 Michael Stuart Saylor
1 James B. Dunn 4 Lynn (Ms.) Omohundro 6 Edward Schell
1 K. Kidwell King, Jr. 4 Tommy Thompson 6 Caroline G. Beauchamp
1 Nikki C. Pierce 4 Jeffrey Henry 6 Clint Kelly
1 Guy W. Blackwell 4 Robert W. Newman 6 Dalton Mounger
1 William B. Harper 4 Randall York 6 Jake Wolaver
1 Laura Woods 4 Joy Gothard 6 Jim Catalano
1 Andrew T. Wampler 5 Christopher C. Sabis 6 Nathan Brown
1 Olen Haynes, Jr. 5 Richard McGee 7 Clint Scott
1 Polly A. Peterson 5 David J. Tarpley 7 William J. Milam
1 Richard E. Ladd, Jr. 5 Bill O'Bryan 7 Leanne Thorne
2 Russell Johnson 5 Craig V. Gabbert, Jr. 7 Paul Hessing
2 Carl P. McDonald 5 Robert C. Bigelow 7 Dwayne Maddox, III
2 Victoria B. Tillman 5 Jad A. Duncan 7 Lowe Finney
2 Robert "Scott" Carpenter 5 Raymond G. Prince 7 Teresa Marshall
2 Mark Stephens 5 Abby Rubenfeld 7 Matthew A. Floyd
2 John Paul Dreiser 5 Martha Boyd 7 Jay Reynolds
2 Eric J. Morrison 5 Gary Shockley 7 Edwin Townsend, Jr.
2 Brian K. Krumm 5 Jennifer Lynne Sheppard 8 Bill Bowen
2 James C. "Chris" Cone 5 Steven D. Parman 8 Amber Shaw
2 John W. Butler 5 Stanley A. Kweller 8 Vanedda Webb
2 Kenneth Irvine, Jr. 5 Kenneth Bryant 8 Joseph E. Tubbs
2 Kevin Teeters 5 J. Patrick Warfield 8 Allison S. Whitledge
2 Gene Paul Gaby 5 Taylor C. Sutherland 8 Phillip Bivens
2 Virginia Couch 5 Christopher B. Fowler 8 John (Jack) Warner, III
2 Karen Crutchfield 5 Lesa Skoney 8 Tony Maness
2 Marshall H. Peterson 5 Gerald C. Wigger 9 Holly J. Renken
2 Amanda M. Busby 5 John Ellis 9 Jennifer Sink
2 Loretta G. Cravens 5 John M. Baird 9 Rick Click
2 Wm. Dale Amburn 5 Candi R. Henry 9 Andre (Mr.) Wharton
2 Lisa J. Hall 5 Michael J. Sandler, Jr. 9 Eugene Podesta
2 Oliver Dawson Adams 5 James Lee Pope 9 Frank Childress
2 Christopher Hall 5 Rebekah Shulman 9 Michael C. Patton
2 David A. Draper 5 Bernadette Welch 9 Leslie (Ms.) Yohey (Isaacman)
2 Mary Ann Stackhouse 5 Keene W. Bartley 9 Stuart Canale
2 Elizabeth Tonkin 5 Peter C. Robison 9 Karen Campbell
2 John E. Eldridge 5 Andrea P. Perry 9 E. Patrick (Pat) Lancaster
2 Clint Woodfin 5 Edgar M. Rothschild 9 Kamilah (Ms.) Turner
2 Broderick Young 5 Michael M. Castellarin 9 Thomas Branch
2 Hanson R. Tipton 5 Zale Dowlen 9 Jessica Ferrante
2 Stephen A. Marcum 6 James Y. Ross, Sr. 9 Sean A. Hunt
3 Peter Alliman 6 David Kozlowski 9 Terrence Reed
3 John M. Carson III 6 Timothy Underwood 9 Ashley (Ms.) Patterson
3 Kathaleen Ann Barker 6 Jeffery Walker 9 Harriett Halmon
3 H. Chris Trew 6 Vanessa Bryan 9 Julia Kavanagh
3 Bill Killian 6 Greg Burlison 9 Laura Deakins
3 John H. (Cam) Cameron, Jr. 6 Jennifer F. Franks 9 Timothy Kellum
3 Philip Jacobs 6 Tracy (Mr.) Moore 9 Asia (Ms.) Diggs
3 William Weiss 6 Paul Plant 9 Margaret Chesney
3 John F. Kimball 6 Robert H. Hassell, II 9 Anne B. Davis
3 Rosemarie L. Hill 6 Patricia A. (Pat) McDade 9 Tom Cassidy, Jr.
3 Cameron S. Hill, Sr. 6 Ryan P. Durham 9 Andre (Mr.) Mathis
3 Blair (Ms.) Cannon 6 Anita Lynn Coffinberry 9 Amber Floyd
3 Stephen D. Crump 6 Jerry V. Smith 9 Charles "Chip" Morrow
4 Doug Aaron 6 James Brandon McWherter 9 Kimbrough (Ms.) Mullins
4 Christina Duncan 6 Douglas T. Bates, III 9 Imad (Mr.) Abdullah

12 Exhibit B

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