BOARD OF PROFESSIONAL RESPONSIBILITY (2006)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
IN RE: BOBBY A. McGEE, BPR #09222
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
May 30, 2006
LAW LICENSE OF LINDEN ATTORNEY SUSPENDED
On May 25, 2006, the Supreme Court of Tennessee entered an Order
suspending the law license of Bobby A. McGee for a period of three years with all but
ninety days suspended, contingent upon Mr. McGeeâs successful completion of
remedial education courses; his continuing under a mentor; his continued compliance
with his Tennessee Lawyers Assistance Program contract, and compliance with the
Rules of Professional Conduct.
The Board of Professional Responsibility filed a petition for discipline against Mr.
McGee pursuant to Rule 9, Rules of the Supreme Court of Tennessee. Mr. McGee
through counsel, filed an answer to the petition for discipline. On August 23, 2005, a
hearing panel heard the charges against Mr. McGee and found that Mr. McGeeâs
representation of a client in a criminal case reflected both a lack of concern for the well
being of his client and his failure to properly understand steps required to protect the
client in a criminal proceeding. The Hearing Panel further concluded that Mr. McGeeâs
lack of control and lack of understanding and remorse for engaging in sexual
relationships with his clients demands remedial education in the ethical practice of law.
The Hearing Panel recommended that Mr. McGeeâs license to practice law be
suspended for a period of three years, with all but ninety days being suspended,
contingent upon Mr. McGee obtaining remedial education; Mr. McGee continuing under
a mentor; his continued compliance with his Tennessee Lawyers Assistance Contract
and Mr. McGeeâs compliance with the Rules of Professional Conduct. The remedial
education courses Mr. McGee is required to successfully complete include an Ethics
and Professional Responsibility course at an accredited law school or not less than
thirty hours of ethics and professional responsibility seminars approved by the Board of
Professional Responsibility. Additionally, Mr. McGee shall also complete a course in
criminal law and procedure at an accredited law school, or obtain not less than thirty
hours in Criminal Law and Procedure approved by the Board of Professional
Responsibility. Mr. McGee is also required to make application to and successfully
complete a mentoring process with the Tennessee Lawyers Assistance Program for a
period of not less than one year. Mr. McGee is also ordered to refrain from engaging in
sexual relations with any person with whom he undertakes an attorney/client
relationship until and after such attorney/client relationship has been concluded by
satisfactorily concluding the case involved or tendering the client to competent counsel
for further representation. Should Mr. McGee fail to satisfy the conditions of the
remedial education and/or mentorship, or violate the sexual relations provision, or
further violate the Code of Ethics, the Board of Professional Responsibility may file a
motion to revoke Mr. McGeeâs probation and reinstate the full three years suspension.
On December 20, 2005, Mr. McGee filed an appeal of the Hearing Panelâs
decision. On December 29, 2005, the Board filed an answer to Mr. McGeeâs Petition for
Writ of Certiorari. On March 1, 2006, Mr. McGee filed a Motion to Dismiss his appeal.
The Supreme Courtâs Order suspending Mr. McGee was filed May 25, 2006. Section
18 of Tennessee Supreme Court Rule 9 requires Mr. McGee to notify by registered and
certified mail all clients being represented in pending matters; all co-counsel and
present counsel of the Supreme Courtâs Order suspending his license. Section 18 also
requires Mr. McGee to deliver to all clients any papers for which they are entitled.
McGee 1429-6 rel.doc
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