Whitaker 1313 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: CLIFFORD EDWARD WHITAKER, JR, BPR NO. 15713
CONTACT: JAMES A. VICK
BOARD OF PROFESSIONAL RESPONSIBILITY
February 19, 2003
MEMPHIS LAWYER SUSPENDED BY SUPREME COURT
By order of the Tennessee Supreme Court entered February 12, 2003, Clifford Edward Whitaker,
Jr., a Memphis attorney, was suspended from the practice of law in this state for a period of one year
retroactive to May 9, 2002, the date of the filing of the Petition for Discipline.
By Order of the Supreme Court entered December 21, 2001, Mr. Whitaker had been placed on
temporary suspension pursuant to Section 4.3 of Supreme Court Rule 9 due to failure to respond to
complaints of misconduct. A Petition for Discipline was filed against Mr. Whitaker on May 9, 2002.
When Mr. Whitaker failed to file an Answer to the Petition for Discipline, a Motion for Default Judgment
was filed on August 8, 2002, by the Board of Professional Responsibility. When Mr. Whitaker filed no
response to the motion, Default Judgment was granted against Mr. Whitaker on October 7, 2002. Mr.
Whitaker did not appear at a hearing on the Petition for Discipline conducted on November 15, 2002, to
determine if his actions were in violation of the disciplinary rules and, if so, the appropriate sanction.
Mr. Whitaker's suspension resulted from three complaints of misconduct wherein Mr. Whitaker
failed to represent clients promptly and diligently, failed to keep clients reasonably informed about the
status of their cases, failed to explain matters to the extent reasonably necessary to permit the clients to
make informed decisions, failed to complete client cases, and, in two cases, failed to timely file briefs on
behalf of criminal clients in the Court of Criminal Appeals and failed to comply with orders of the Court
of Criminal Appeals relative to the filing of those briefs.
The Court further ordered that Mr. Whitaker pay the costs of the disciplinary proceedings.
Mr. Whitaker can be reinstated to the practice of law at the expiration of the one-year period only
upon filing a Petition for Reinstatement, as required in Section 19 of Supreme Court Rule 9, and
producing clear and convincing evidence that he should be reinstated to the practice of law.
Whitaker 1313 rel.doc