clements-34922.pdf (2011)
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IN DISCTPLINARY DISTRICT 111
OF THE
BOARD OF PROFESSXONAL RESPONSIBILITY
UP THE
SUPREME COURT OF TENNBS SEE
IN RE: Jamoo W. Clements, III} BIâR NO. 13191 FILE NO. 3492.26 ~AW
Rospondont, an attorney lioonaod
to practice. law in 'Iâomiossoo
(Hamilton County)
PUBLIC CENSURB
.4...
Tho above complaint was ï¬led. against James W. Clomonts, III, an attorney lioonood to
p1ootico lawin Tomiossoo, altoging cotton} acts of misconduct Pursuant to Supreme: Court. Rule
14.4.1113. -Hngrnï¬lwa-âWMFA . '\-â'-mm
9, the Board of Professional Responsibility considered these matters at its inooting on Soptombor
21, 2012.
Complainant mot with Rospondoiit in April of 2.009 to discuss a possible oiaim against a
outshig home for. neglect of Complainantâ 5 mother in July of 2608. Respondent tooeivoci modioai
iâooords from Complainant and represented he would forward the medical toooiâds to experts in
Georgio for roviow and contact Complainant as soon as he teoeived the oxpextâs opinion
Although Complainant called Respondent togulaxiy to shoot; on the status of tho potential case
he never ooxnmuoioatocl direotly Wiilât Roslnondont until October of 2009. At the October 2009
mooï¬ng, Rospondont would how: informed Compiaiomt that the statute of limitations had run
Instead, Respondent returned tho original ioootds to Complainant and rawa'ï¬ï¬iâmtï¬d no had
providod the medical moords to imports in Atlanta, Georgia and would contact Complainant
when he toootved the. oxportâs opinion. On December 7, 2011, Complainant spoke with
Respondentâs aosistant who informed Complainoot that tho oxportâs opinion had been toooivod
recently, the case had no merit and the statute of limitations had run on tho potential claim.
Respondent failod to âtake roaso noble steps to have the medical record promptly xoviewed
- by the appropriate expert; failod to take roasonoblo steps to moniior the expertâs review; failed to
provitio Complainant wlili material information regarding the statute of limitations; failed to
loasonaâoly mid timely respond to Complainantâs phono calls and witiï¬iold material information
from Complainant over a two (2) year period of time.
By tho afoionientionod aois, lames W. Cleï¬onts, III violated Rules of Profossional
Conduct 1.1 (competence), 1.3 (diligence), 1.4 (communication) and 8.4{o) (misconduct) and is
hereby Publicly CBIiSuiâed for these violations.
FOR THE BOARD or!
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Lola Hollalmugh, (31mg i
1
ï¬oâllmloi 5*} 3134
Date