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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: STEPHEN F. LIBBY, #015542
CONTACT: EILEEN BURKHALTER SMITH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 14, 2019
SHELBY COUNTY LAWYER CENSURED
On October 11, 2019, Stephen F. Libby, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Libby represented a client in a car accident matter in which he understood the client to have suffered
relatively minor temporary injuries. Due to an office scheduling error, Mr. Libby missed the statute of
limitations for filing a lawsuit for his client. Though he discovered the error within a few weeks, Mr. Libby did
not tell the client of the error for one year. Mr. Libby failed to respond to multiple inquiries from the client
about whether the lawsuit had been filed. After informing the client of the error, Mr. Libby made a settlement
offer to his client without complying with Rule 1.8 (a) (conflict of interest), including advising his client in
writing to seek the advice of counsel. In mitigation, the client had a civil remedy for Mr. Libbyâs error which
she pursued.
By these acts, Mr. Libby has violated Rules of Professional Conduct 1.3 (diligence), 1.4
(communication), 1.8 (conflict of interest, specific rules), 8.4(c) (conduct involving misrepresentation), and
8.4(d) (prejudice to the administration of justice), and he is hereby publicly censured.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Libby 46719-9 rel.doc