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
FA24: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MICHAEL ANTHONY GUTH, BPR #19093
CONTACT: STEVEN J. CHRISTOPHER
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 18, 2016
ROANE COUNTY LAWYER CENSURED
On October 14, 2016, Michael Anthony Guth, an attorney licensed to practice law in Tennessee,
received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Guth, acting pro se, filed a lawsuit against an individual defendant who retained counsel and
contested the suit. Mr. Guth nonsuited the action and refiled in another county where venue was improper. Mr.
Guth named two defendants in the refiled suit; a partnership consisting of the defendant in the original suit and
one of the defendantâs business associates, and the business associate individually. There was no written or
verbal partnership agreement and the original defendant and his business associate did not refer to their
relationship as a partnership. Mr. Guth told the business associate that he would be named as a defendant but
promised to enter into a settlement agreement indemnifying the business associate, but later told the business
associate that settlement would no longer be considered.
Mr. Guth obtained a default judgment against the partnership and the business associate. Mr. Guth
claimed that the partnership had been served through service on the business associate. Mr. Guth did not
attempt service on the defendant in the original suit or provide notice to his counsel. Mr. Guth did not advise
the Court at the default hearing about the prior lawsuit, the fact that no partnership agreement existed, or that
the defendant in the original suit had not been served. Mr. Guth then attempted execution of the judgment
against the assets of the defendant in the original suit.
By these acts, Michael Anthony Guth has violated Rules of Professional Conduct 3.1 (meritorious
claims), 3.3 (candor towards the tribunal), 4.1(a) (truthfulness in statements to others), 4.3 (dealings with an
unrepresented person), 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d)
(conduct prejudicial to the administration of justice), 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.
Guth 44646-2; 46812-2 rel.doc