Board of Professional Responsibility of the Supreme Court of Tennessee

potter-32725.pdf (2011)

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IN DISCIPLINARY DISTRICT Iv edger; or parrggeeiemi,
OF THE . reeeeeteite V .
BOARD or PROFESSIONAL RESPONSIBILITY
OF THE “W... . EXEfi.5EC‘Y
SUPREME COURT OF TENNESSEE

IN RE: THOMAS HARDING POTTER, BPR NO. 16503 FILE NO. 32725-4—KS
Respondent, an attorney licensed
to practice law in Tennessee
(Rutherford Couoty)

PUBLIC GEN SURE

The above oompiaint was filed against Thomas. Herding Potter, an attorney licensed to

practice law in Teimessee, alleging ceitain acts of misconduct. Pursuant to Supreme Court Rule

9, the Board of Professional Responsibiiity considered these matters at its meeting on December

10,2010.

During the deposition ofhis expert witness, the Respondent believed he saw the opposing

side’s expert witness making hand signals. Respondent stated, “For the neural, [opposing expert

_ Witness} is making hand gestures and noddiog his head in agreement. Mr. [opposing expert

winiess}, sit silent." The opposing expert witness responded, “I didn‘t say a word, Mr. Potter,”

The Respondent stated, “You don"t have to. You give enough gestures in court during

testimony.” The opposing expert witness replied, “You are a him saying i did.” The Respondent

then stood and said, “If you were half a man I would slap your face, and make you regret it."

Opposing, counsel responded, “okay guys, sit down." Respondent then stated, “Listen, your man

is a cheat. He‘s sitting there eigoeiing, and that’s not to be permitted.” It appeared to the COLll‘i

reporter that the Respondent was ready to strike the opposing expert witness.

By the aforementioned facts, Thomas Harding Potter has violated Rules of Professional
Conduct 3.5 (disrupting proceedings) and 4.4 {respect for third persons) and is hereby Publicly

Censured for these violations.

FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY

(XMW
Ti'é‘fa M. Holiahaughfifhair

o?—3—Q@u
Date

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