BOARD OF PROFESSIONAL RESPONSIBILITY (2003)
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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
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367-2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
IN RE: KATHLEEN L. CALDWELL, #009916
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 16, 2003
MEMPHIS LAWYER SUSPENDED FROM PRACTICE OF LAW
Kathleen L. Caldwell, a Memphis lawyer, has been suspended from the practice
of law in this State for a period of ninety days by Order of the Tennessee Supreme
Court entered October 8, 2003. The suspension shall begin on October 15, 2003.
Formal disciplinary proceedings were instituted against Caldwell for neglect of
client matters for failing to adequately communicate with her clients; for failing to seek
court permission to withdraw in a matter before the tribunal when ceasing to represent
clients; for charging excessive fees; for representing clients with differing interests, and
for losing client property.
Caldwell submitted a conditional guilty plea in exchange for a ninety-day
suspension with conditions:
(1) That she successfully complete a course in ethics and professionalism at
University of Memphis School of law; and
(2) Caldwell shall have a law practice management evaluation and comply
with the law practice management suggestions and have her law practice
monitored by an attorney acceptable to Disciplinary Counsel for a period
of one year with quarterly reports to Disciplinary Counsel by the law
practice monitor as to her compliance with the law practice evaluationâs
suggestions; and
(3) Caldwell shall make refunds to certain complaints; and
(4) Caldwell agreed to waive the statute of limitations as a defense to any
claim of or a suit for attorney malpractice for a period of six months from
the acceptance of her conditional guilty plea by the Supreme Court of
Tennessee in a certain case which was the subject of a complaint.
Section 18 of Tennessee Supreme Court Rule 9 requires Caldwell to notify by
registered or certified mail all clients being represented in pending matters; all co-
counsel and opposing counsel of her suspension. Section 18 also requires her
to deliver to all clients any papers to which they are entitled. Furthermore, during
the period of her suspension, Caldwell shall not use any indicia of lawyer, legal
assistant, or law clerk, nor maintain a presence where the practice of law is
conducted.
LLC:mw
Caldwell 1111 rel.doc