craig-32485c-9-public-censure.pdf (2009)

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A
BOW}: PROFEssFmNAL' RESPONSIBILITY
_ UfREMECOURT OFTENNESSEE '
IN DISCIPLINARY DISTRICT IX W .’
OF THE _ Executive Secretary
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE-

IN RE: PAUL FORREST CRAIG, BPR NO. 18359 . FILE NO. 324850—9438
Respondent, an attorney licensed '
' to practice law in Tennessee
(Shelby county)

PUBLIC CENSURE

The above complaint was filed against Paul ForrestCraig, an attorney licensed to practice

law in Tennessee, alleging certain acts of misconduct. Pursuant toSup-reme Court Rule 9, the

Board of Professional Responsibility considered these matters at its meeting on December 11,

2009.

In 2004, the Complainant retained the Respondent to draft and file appropriate documents

. appointing the Complainant conservator of his son. In 2008, the Complainant attempted to .

obtain medical services for his son, but the Respondent had. not filed the conservatorship. The

Complainant contacted the Respondent in September of 2008, to have the error corrected. The

Respondent assured the Complainant that he would remedy the situation. The Respondent

repeatedly told the Complainant that the papers would he ready soon. By March of 2009, the

Respondent had not provided the Complainant with the documents. Instead, the Respondent told

the Complainant that he had lost the papers. Thus, in April of 2009, the Complainant gave the . '

Respondent his copy of the documents, I The Respondent again told the Complainant that

everything Would'be straightened out soon. R}! May 25, 2009, no progress had been made, so

the Complainant sent the Respondent a letter again requesting the corrected paperwork. When
the Respondent did not respond, the. Complainant filed the present disciplinary complaint on

June 2', 2009. i ' I
In response to the inquiry from the Consumer Assistance Prograin, the Respondent stated

in a letter dated Julv 7, 2009, that he would resolve the matter for the Complainant in two weeks.

As of the end of July, the Respondent had taken no action. The Complainant, therefore, I

contacted the court clerk’s office, and was inforrned that the. Respondent never filed any

documents 'on the Complainant’s hehalf. The Complainant senta letter to the Respondent.

requesting a refund of the $1,500 fee he paid, but the-Respondent did not respond until he

received a letter fiom Disoiplinary Counsel. The Respondent ultimately refunded the

I Complainant’s $1,500 fee.

Respondent failed to act with reasonable diligence in violation of RFC 1.3. Second, he

failed to effectivelv connnunicate with the Complainant regarding the status of the case in

violation of RFC 1.4-. In fact, the Respondent repeatedly lied to the Complainant by stating that

he would quickly resolve the matter, and he did not to disclose to the Complainant that he had

failed to file the relevant paperwork oh the~ Complainant’s behalf in violation of RPC '84.

Finally, the Respondent lied to the Consumer. Assistance Program by stating that he would

resolve the matter for the Complainant in twoweeks;

I By the aforementioned facts, Paul Forrest Craig, has violated Rule ‘of Professional

Conduct 1.3 (diligence), 1.4 (communication), and 8.4 (dishonesty) and is hereby Publicly

Censured for these violations.
PROlszSSI ’NA RESPONS ILITY

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a, #15340
Date

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