Winchester 25749 rel.PDF (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
RE: WILLIAM T. WINCHESTER, BPR #21282
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
May 22, 2003
MEMPHIS LAWYER PUBLICLY CENSURED
William T. Winchester, of Memphis, was publicly censured by the Board of Professional
Responsibility on May 15, 2003. The censure was issued by the Board pursuant to Rule 9, Section 8
of the Rules of the Supreme Court. Winchester did not request a hearing on the matter.
In one complaint filed against Winchester relating to his handling of a Shelby Circuit divorce
matter where his client surreptitiously recorded a home visit by the Guardian ad Litem, the Board
found that he failed to provide clear advice to the client to not secretly record the Guardian, or that he
tacitly agreed to the clientâs intention. On September 10, 2003, Winchesterâs client telephoned the
Guardian directly and revealed that she had secretly taped the September 8, 2002 home visit either
upon Winchesterâs direction, or with his tacit agreement. At her September 12, 2002 deposition, in
response to questioning from opposing counsel regarding why she secretly taped the Guardian,
Winchesterâs client testified that it was âbecause I discussed it with my attorney, and we decided that I
needed to do that.â
The Board concluded that Winchester circumvented the requirements of disciplinary rules
through the actions of his client, and that he engaged in deceptive conduct which is detrimental to the
administration of justice. Winchester was also found to have violated Board Formal Ethics Opinion
86-F-14(a) which prohibits lawyers from making secret recordings of persons in civil matters.
JDJ:mw
Winchester 25749 rel.doc