BOARD OF PROFESSIONAL RESPONSIBILITY (2016)
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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: RICHARD DALE DARBY, BPR #28787
CONTACT: KEVIN D. BALKWILL
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
June 20, 2016
HAMBLEN COUNTY LAWYER CENSURED
On June 17, 2016, Richard Dale Darby, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Darby modified an existing fee agreement from an hourly fee to a flat non-refundable fee without
obtaining a written agreement signed by his client. Mr. Darby failed to deposit the unearned fee into his trust
account and failed to promptly refund unearned fees after he terminated the representation. Mr. Darby also
created a conflict of interest by suing his client prior to formally withdrawing from the representation.
By these acts, Richard Dale Darby has violated Rules of Professional Conduct 1.5 (fees), 1.7 (conflict of
interest), 1.15 (safekeeping property), and 1.16(d) (terminating representation) and he is hereby Publicly
Censured for these violations. As a condition of the Public Censure, Mr. Darby is required to reimburse
$4,025.95 in fees to his former client within 180 days.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Darby 40750-1 rel.doc