Perkins 21170 rel.PDF (2004)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TENNESSEE
TELEPHONE: (615) 361-7500
(800) 486-5714 LANCE B. BRACY
FAX: (615) 367- 2480 CHIEF DISCIPLINARY COUNSEL
E-MAIL: ethics@tbpr.org
LAURA L. CHASTAIN
RELEASE OF INFORMATION
RE: SAMUEL L. PERKINS, BPR #11857
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
December 30, 2004
MEMPHIS LAWYER CENSURED
Samuel L. Perkins, of Memphis, was publicly censured by the Board of Professional
Responsibility on December 28, 2004. The censure was issued by the Board pursuant to Rule 9,
Section 8 of the Rules of the Tennessee Supreme Court. Perkins did not request a hearing on the
matter.
In one complaint filed against Perkins, the Board found that he failed to render effective
assistance of counsel to a former client in a homicide prosecution, by failing to discover a
material witness, by not calling such witness to testify at trial and by losing all record of the
witness. In late 1998, the Tennessee Court of Criminal Appeals upheld the clientâs post-
conviction petition and remanded the matter to the Shelby County Criminal Court.
The Board placed this disciplinary investigation in abeyance while further proceedings in
the clientâs matter were before the trial and appellate courts after the 1998 remand. In early
2003, the Board reactivated its investigation after learning that respondentâs former client was
convicted of second degree murder at retrial, and that the client received a 15 year sentence.
In November 2004, Disciplinary Counsel and respondent entered into a conditional settlement
agreement whereby respondent would be publicly censured for his neglect, and whereby
respondent would be required to cooperate with his practice assistance monitor and ensure said
monitor provides quarterly progress reports to the Board for one year after the filing date of any
Public Censure imposed. Respondentâs practice assistance monitor has agreed to review his
caseload periodically, and to review with respondent and provide further instructions on ensuring
respondentâs compliance with the Criminal Defense Standards applicable to investigation and
preparation.
On December 10, 2004, the Board approved the conditional settlement agreement
negotiated between Disciplinary Counsel and respondent.
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Perkins 21170 rel.doc