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
RE: LARRY E. FITZGERALD, BPR #10953
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 24, 2003
MEMPHIS ATTORNEY CENSURED
On October 21, 2003, Larry E. Fitzgerald, of Memphis, Tennessee, received a
Public Censure from the Board of Professional Responsibility. Fitzgerald was given
notice of the censure and did not request a hearing.
The Complainant advised the Board of Professional Responsibility (the Board)
that an individual with a Memphis bonding company had telephoned her in Texas to
advise her that her sister and her mother had been arrested in Memphis. The
Complainant further states that this individual advised her that he had obtained lawyer
Fitzgerald to represent the Complainantâs sister and mother but requested the
Complainant send $5,000. The Complainant refused to send the $5,000 but did fly to
Memphis and was met by this individual and Fitzgerald at the airport coffee shop. The
Complainant paid Fitzgerald $5,000 in cash. Fitzgerald initially represented both the
Complainantâs mother and sister. The Complainant states Fitzgerald put pressure on
her sister to take the blame for the crime so their mother could go free. The
Complainant requested a refund from Fitzgerald one day after paying Fitzgerald the
$5,000. Fitzgerald declined to provide any refund until approximately six weeks later
after the Complainant contacted the Board. Fitzgerald did take his name off of the
jacket for the Complainantâs mother as counsel of record. The individual that contacted
the Complainant and suggested the Complainant retain Fitzgerald was not an approved
and qualified bail bondsman.
Fitzgeraldâs actions violate Rules 1.4; 1.5; 1.7; 1.8; 1.16; 7.3 and 8.4 of the
Tennessee Rules of Professional Conduct and for these actions the Board publicly
censures Fitzgerald. The censure declares Fitzgeraldâs action to be improper but does
not limit his right to practice law.
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Fitzgerald 26247-9-SG rel.doc