BOARD OF PROFESSIONAL RESPONSIBILITY (2011)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MARVIN D. HIMMELBERG, BPR# 15199
CONTACT: ELIZABETH C. MOORE
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 27, 2011
DAVIDSON COUNTY LAWYER CENSURED
On October 27, 2011, Marvin D. Himmelberg an attorney licensed to practice law in Tennessee,
received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Himmelberg was hired to perfect the appeal to the Civil Service Commission of his clientâs
suspension at her place of employment within 15 calendar days of the date of notification. Through a series of
events, Mr. Himmelberg learned that the appeal was not perfected on March 8, 2010.
Without explaining to his client, Mr. Himmelberg submitted an undated letter requesting an appeal
which was received by the Civil Service Commission ninety-nine (99) days after the notification of his clientâs
suspension and almost two months after discovering the appeal had not been perfected. The Administrative
Law Judge dismissed his clientâs appeal as time-barred. His client called Mr. Himmelbergâs office and was told
that Mr. Himmelbergâs former paralegal had failed to file the appeal.
By the aforementioned acts, Marvin D. Himmelberg has violated Rules of Professional Conduct 1.3
(diligence), 1.4 (communication), and 5.3 (responsibilities regarding nonlawyer assistants), and is hereby
Publicly Censured for these violations.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Himmelberg 33727-5 rel.doc
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