handley-71859n-9-public-censure.pdf (2023)
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IN DISCIPLINARY DISTRICT IX
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
; OF THE
SUPREME COURT OF TENNESSEE
IN RE: DON ANTHONY HANDLEY, #021503 FILE NO. 71859n-9-SC
Respondent, an attorney licensed
to practice law in Tennessee
(Shelby County)
PUBLIC CENSURE
The above complaint was filed against Don Anthony Handley, an attorney licensed to
practice law in Tennessee, alleging certain acts of misconduct. Pursuant to Tenn. Sup. Ct. R. 9,
the Board of Professional Responsibility considered these matters at its meeting on September 8,
2023.
Mr. Handley settled a personal injury case in January 2019. Mr. Handleyâs support staff
assigned to the file inadvertently failed to deposit the settlement check received from the insurance
carrier for the at-fault driver, and the error was not identified until July 2022. The error later
resulted in an overdraft on Mr. Handleyâs trust account. Mr. Handleyâs failure to identify the
error evidences a breach of his obligation to create and maintain appropriate trust account
management protocols, as well as his duty to appropriately train and supervise his staff.
By these acts, Mr. Handley has violated Rules of Professional Conduct 1.15 (safekeeping
client funds-and property) and 5.1 (managerial and supervisory responsibilities) and is hereby
Publicly Censured for these violations. The Public Censure is conditioned on Mr. Handleyâs
completion of the Boardâs Trust Account Workshop no later than September 2024.
FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY
Jennifer Hagerman, Chair
October 17, 2023
Date