BOARD OF PROFESSIONAL RESPONSIBILITY (2004)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367-2480 THERESA M. COSTONIS
BEVERLY P. SHARPE DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR E-MAIL: ethics@tbpr.org
RELEASE OF INFORMATION
RE: W. ALLEN BARRETT, BPR #10894
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 29, 2004
NASHVILLE ATTORNEY CONDITIONALLY CENSURED
On January 27, 2004, the Board of Professional Responsibility publicly censured Nashville
attorney W. Allen Barrett. Barrett was given notice of the censure and did not request a hearing.
The complaint giving rise to the censure concerned Barrettâs representation of a client in a child
support case. The client paid Barrett $2,500.00 to appeal a child support case. After a warning
from the Court of Appeals, Barrett failed to file the required brief and the clientâs appeal was
dismissed. Barrett signed a contract with the client on April 16, 2001 acknowledging Barrett
was guilty of professional negligence/legal malpractice. Barrett further contracted with the client
that in exchange for the client giving up his right to sue Barrett, Barrett agreed to pay the client
$750.00 per month until Barrett had paid a total of $27,000.00 plus 10% interest. Barrett then
executed this contract and a promissory note. Barrett paid the client through August 2002. The
client subsequently obtained new counsel who sued Barrett and obtained a judgment by default
against Barrett in the amount of $23,615.04 on June 17, 2003. Since the client obtained this
judgment, Barrett still has not paid the client. The Board of Professional Responsibility publicly
censures Barrett for his violations of Rules 1.1; 1.3; 1.8(h) and 8.4(a)(d) and (g). The Boardâs
public censure of Barrett is conditioned upon Barrettâs resumption of and continued timely
payments to the client. Should Barrett fail to timely pay the client, the Board shall revoke the
censure and file formal disciplinary charges against Barrett.
A censure declares Barrettâs actions to be improper conduct, but does not limit Barrettâs right to
practice law.
SG:mw
Barrett 26449 rel.doc