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Board of Professional Responsibility
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
Board of Professional Responsibility
Organization and Composition
The Tennessee Supreme Court regulates and supervises the practice of law in Tennessee
pursuant to Tennessee Supreme Court Rule 9. The Court appoints twelve members to the Board of
Professional Responsibility (the Board) to effectuate Tenn. Sup. Ct. R. 9 and the Courtâs disciplinary
enforcement.
The Board consists of nine (9) attorneys and three (3) public (non-attorney) members who serve
three-year terms and geographically represent the entire state. In 2020-2021, Board members
volunteered 694 hours and received no compensation for their service. Members of the Board include:
Floyd Flippin (Chair)
Joe M. Looney (Vice-Chair)
Sheriff Floyd Bonner (Lay Member)
Stacey B. Edmonson
Ruth Ellis
Charles K. Grant
Jennifer S. Hagerman
Jon Lundberg (Lay Member)
Jimmie C. Miller
Juanita Patton (Lay Member)
Jody Pickens
Bridget Willhite
The Court appoints a Chief Disciplinary Counsel who reports to the Board. The Board also
employs attorneys as Disciplinary Counsel and support staff to assist with attorney registration;
consumer assistance; investigation and litigation. A staff directory is attached as Exhibit A.
District Committee Members
The Tennessee Supreme Court appoints attorneys to serve as district committee members from
each disciplinary district in the state. In 2020-2021, 183 attorneys assisted the Court and the Board as
district committee members reviewing Disciplinary Counselâs recommendations on investigative files
and sitting on hearing panels conducting formal disciplinary charges. Of the 183 members, 156
reported volunteering 1,792 hours in 2020-2021 for which they received no compensation for their
services. A roster of current district committee members is attached as Exhibit B.
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
Tennessee Attorney Information
The Board of Professional Responsibility provides an easy-to-use online registration system
that allows lawyers to fulfill their annual registration requirements. We collect and make available
public registration information on our website to allow the judiciary, lawyers and the public to access
licensing, registration and contact information about lawyers.
Active Attorneys: 23,392
Number of Active Tennessee Attorneys*
23,392
20,805
15,958
11,878
8,327
1981 1991 2001 2011 2021
Active Attorney Statistics:
⪠Years Licensed: <5 yrs: 12% â Age: 21-29 yrs: 5%
5-10 yrs: 16% 30-39 yrs: 22%
10-15 yrs: 16% 40-49 yrs: 24%
15-20 yrs: 13% 50-59 yrs: 21%
20-30 yrs: 20% 60-69 yrs: 17%
31+ yrs: 23% 70+ yrs: 11%
⪠Gender: Male: 62% â In-state Attorneys: 82%
Female: 36% â Out-of-state Attorneys: 18%
Unreported: 2%
2
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
Inactive Attorneys
Pursuant to Tennessee Supreme Court Rule 9, Section 10.3, inactive attorneys include
attorneys serving as justice, judge or magistrate of a court of the United States of America or
who serve in any federal office in which the attorney is prohibited by federal law from engaging
in the practice of law; retired attorneys; attorneys on temporary duty with the armed forces;
faculty members of Tennessee law schools who do not practice law; and attorneys not engaged
in the practice of law in Tennessee. In 2020-2021, 5,503 attorneys on inactive status were
registered with the Board of Professional Responsibility.
⪠Non-disciplinary/Administrative Suspensions:
Pursuant to Supreme Court Rules, the Supreme Court suspends attorneys who fail to
pay their annual fee (Tenn. Sup. Ct. R. 9 § 10.6); fail to complete annual continuing legal
education requirements (Tenn. Sup. Ct. R. 21 § 7); fail to comply with Interest on Lawyers
Trust Account requirements (Tenn. Sup. Ct. R. 43 § 15); fail to pay the Tennessee professional
privilege tax (Tenn. Sup. Ct. R. 9 § 26); or default on student loans (Tenn. Sup. Ct. R. 9 § 37).
No attorney suspended pursuant to these Rules may resume practice until reinstated by Order
of the Supreme Court. Attorneys were administratively suspended during fiscal year 2020-
2021 as follows:
Non-payment of Annual Fee: 193
Continuing Legal Education non-compliance: 149
Interest on Lawyerâs Trust Accounts non-compliance: 55
Professional Privilege Tax non-compliance: 71
Default on a Student Loan: 0
Total: 468
3
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
Assistance, Investigation and Prosecution
⪠Consumer Assistance Program (CAP)
Non-frivolous complaints against attorneys submitted by clients, lawyers, judges and the public
are referred to the Boardâs Consumer Assistance Program (CAP) for assistance or opened and assigned
to Disciplinary Counsel for investigation. CAP answers questions, provides information, informally
mediates disputes, and refers matters to Disciplinary Counsel for investigation.
Caseload
Number of Cases Opened 2,072
Timeliness of Resolution
0 to 15 days 73.2%
16 to 30 days 12.0%
31 to 60 days 8.6%
61 or more days 6.2%
Actions Taken
Mediate 37.5 %
Advise 41.6%
Referrals 14.4%
Provide Information 6.5%
⪠Trust Account Overdraft Notifications
Pursuant to Tennessee Supreme Court Rule 9, Section 35.1(b), financial institutions report to
the Board whenever any properly payable instrument is presented against an attorney trust account
containing insufficient funds. After receiving notification of an overdraft, Board Staff request financial
information and explanation from the attorney.
Total Notifications: 83
Actions Taken
Referred to Investigations: 41
Referred to Litigation: 1
Resolved without Investigation: 40
4
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
⪠Investigation
Disciplinary Counsel investigate complaints alleging unethical conduct. After investigation,
Disciplinary Counsel recommend dismissal of the complaint if there is insufficient proof of a violation
of the Rules of Professional Conduct. If the investigated complaint reflects a violation of the Rules of
Professional Conduct, Disciplinary Counsel recommend diversion, private informal admonition,
private reprimand, public censure, or the filing of formal disciplinary charges. A district committee
member reviews and approves or disapproves Disciplinary Counselâs recommendation for dismissal,
diversion, and private informal admonition. The Board of Professional Responsibility reviews and
approves or disapproves Disciplinary Counselâs recommendation for private reprimand, public
censure, and the filing of formal disciplinary charges.
A. Nature of Complaints
Trust Violations Conflict of Interest
11% 5%
Criminal Convictions 4%
Relationship with Fees 5%
Client or Court 13% Improper
Communications
Personal Behavior 10%
0%
Other 0% Misrepresentation or
Fraud 7%
Neglect or Failure to
Communicate 44%
5
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
B. Investigative Complaint Caseload
Complaints Received: 1,134
Complaints Pending at beginning of Fiscal Year: 394
Total Complaints: 1,528
C. Investigative Complaint Disposition:
Administrative Dismissals: 475
Investigative Dismissals: 453
Diversions: 33
Private Informal Admonitions: 17
Private Reprimands: 21
Informal Public Censures: 31
Transfer to Disability Inactive: 18
Placed on Retired Status: 34
Other:1 10
Total: 1,092
1
Abated by death; complaint withdrawn; duplicate file.
6
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
⪠Formal Disciplinary Proceedings:
After the Board of Professional Responsibility authorizes Disciplinary Counsel to file formal
disciplinary charges (i.e., a petition for discipline) against an attorney, the matter is assigned to three
district committee members who constitute a hearing panel. The Hearing Panel sets the disciplinary
proceeding for a hearing which is open to the public unless a protective order has been entered. The
Tennessee Rules of Evidence and Rules of Civil Procedure apply unless Tennessee Supreme Court
Rule 9 provides otherwise.
The Board of Professional Responsibility must prove an attorneyâs ethical misconduct by a
preponderance of the evidence. Hearing Panels may recommend dismissal, public censure, suspension
or disbarment.
A. Caseload
Formal cases filed during Fiscal Year: 81
Formal cases pending at beginning of Fiscal Year: 98
Total formal proceedings: 179
Public hearings conducted in Fiscal Year: 29
B. Formal Disciplinary Proceedings Disposition:
Dismissals: 7
Public Censures: 7
Suspensions: 19
Disbarments: 11
Transfer to Disability Inactive: 10
Temporary Suspensions: 5
Retired: 1
Reinstatements: 10
Other2: 8
Total: 78
2
Abated by death; voluntary non-suited; denied; withdrawn; nonserious crime.
7
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
Resolution of Formal Disciplinary Proceedings
19
11
10 10
8
7 7
5
1
8
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
⪠Education and Information
The Board issues Formal Ethics Opinions and staff respond to informal ethics questions by phone and
internet. Disciplinary Counsel present continuing legal education seminars and workshops, publish
Board Notes, a bi-annual newsletter, and update the Boardâs website with rule changes, disciplinary
decisions and news for attorneys, judges and the public.
A. Ethics Opinions
i. Informal Opinions
Ethics Counsel and Disciplinary Counsel responded to a total of 2,105 phone and
internet inquiries from attorneys seeking ethical guidance.3
ii. Formal Opinions
The Board did not issue any formal ethics opinions this fiscal year.
B. Continuing Legal Education (CLE) Presentations:
Between July 1, 2020 and June 30, 2021, Disciplinary Counsel presented thirty-seven (37) CLE
seminars, attended by approximately 1,798 attorneys.
C. Board Notes:
In 2020-2021, the Board emailed both Fall and Spring issues of Board Notes, the Boardâs semi-
annual newsletter to all attorneys and judges and published it on the Boardâs website.
3
Tennessee attorneys may submit ethics inquiries to the Board by calling 615-361-7500, ext. 212, or via the Boardâs website
at www.tbpr.org.
9
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
D. Workshops
a. The Board of Professional Responsibility hosts an annual Ethics Workshop. Due to the
COVID-19 Pandemic, the 2020 Ethics Workshop was cancelled. The Boardâs Workshop is
returning on November 12, 2021.
b. Since August 2018, the Board of Professional Responsibility has offered a Trust Account
workshop. Two trust account workshops were held in 2020/2021.
10
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
Board of Professional Responsibility
Staff Directory
Name Title Extension
Doug Bergeron Disciplinary Counsel 247
Carol Bershatsky Receptionist 200
Shilina B. Brown Disciplinary Counsel 232
Joe Byrd Disciplinary Counsel 246
Melanie Cail Legal Assistant - Litigation 237
Laura Chastain Ethics Counsel 212
Steve Christopher Deputy Chief Disciplinary Counsel - Investigations 203
Dana Dunn Assistant Director 209
Sandy Garrett Chief Disciplinary Counsel 211
Reynold Gaulden, Jr. Registration Assistant II 244
Elizabeth Gray Administrative Assistant-Registration/ Scanning 202
Penny Greene Administrative Payables Clerk 219
Kelly Heflin Legal Assistant - Investigations 242
McKenzie Hollars CAP Legal Assistant 228
Alan Johnson Disciplinary Counsel 207
Katherine Jennings Executive Secretary 206
Cheryl Lang Administrative Scan Clerk 234
Molly Liens CAP Legal Assistant 252
Mary McKnight Registration Manager 213
James W. Milam Disciplinary Counsel 245
Diane M. Nisbet Disciplinary Counsel 231
Tony Pros Network Administrator 205
Liz Radford Legal Assistant – Investigations and Litigation 238
Beverly Sharpe Director of Consumer Assistance Program 226
Pennye Sisk Lead Legal Assistant - Litigation 248
Eileen Burkhalter Smith Disciplinary Counsel 210
Candis Story Case Manager 229
Giselle Sutherland Paralegal 224
Suzie Thurber Administrative Receivables Clerk 241
Cheri Weaver CAP Paralegal 208
Lani White Registration and Scan Clerk 234
Russ Willis Deputy Chief Disciplinary Counsel - Litigation 214
Exhibit A
40th Annual Discipline Report
Fiscal Year July 1, 2020 – June 30, 2021
District Committee Member Roster
District First Name Last Name District First Name Last Name District First Name Last Name
1 Guy W. Blackwell 4 Christina Duncan 6 Clint Kelly
1 Julie Canter 4 Michael R. Giaimo** 6 David Kozlowski
1 McKenna L. (Ms.) Cox 4 Joy Gothard 6 Eric Larsen
1 James B. Dunn 4 A. Ensley Hagan, Jr. 6 Patricia A. (Pat) (Ms.) McDade
1 William B. Harper 4 Kyle B. Heckman 6 Tracy (Mr.) Moore
1 Olen Haynes, Jr. 4 Jeffrey Henry 6 James Y. Ross, Sr.
1 K. Kidwell King, Jr. 4 Robert W. Newman 6 Raymond Runyon**
1 Richard E. Ladd, Jr. 4 Lynn (Ms.) Omohundro 6 Michael Stuart Saylor
1 Polly A. Peterson 4 Daniel Rader, IV** 6 Liz Sitgreaves
1 Nikki C. Pierce 4 Donna S. Simpson** 6 Jerry V. Smith
1 Mark A. Skelton 4 Randall York 6 Jake Wolaver
1 M. Neil Smith, Jr. 5 John M. Baird 7 Andy Anderson
1 Andrew T. Wampler 5 Adam Barber** 7 Shaun Brown**
1 Laura Woods 5 Keene W. Bartley 7 Matthew A. Floyd
2 Wm. Dale Amburn 5 Robert C. Bigelow 7 Paul Hessing
2 Maha (Ms.) Ayesh 5 Kenneth Bryant 7 Lisa Houston**
2 Heidi Barcus 5 Michael M. Castellarin 7 Joseph Howell
2 Amanda M. Busby 5 Jad A. Duncan 7 Steven W. Maroney
2 John W. Butler 5 Johnny Ellis 7 William J. Milam
2 Robert "Scott" Carpenter 5 Christopher B. Fowler 7 (William) Josh Morrow**
2 James C. "Chris" Cone 5 Craig V. Gabbert, Jr. 7 Vincent Seiler
2 Loretta G. Cravens 5 Matthew Harris** 7 Michelle Shirley
2 David A. Draper 5 Candi R. Henry 7 Leanne A. Thorne
2 Shannon (Ms.) Egle 5 Adam Hill 7 Edwin C. Townsend, Jr.
2 John E. Eldridge 5 Lucas Jerkins 7 Joe VanDyke
2 Steve Erdely** 5 Stanley A. Kweller 8 Bill Bowen
2 Matthew A. Grossman** 5 Raymond Leathers** 8 Dean Dedmon
2 Christopher A. Hall 5 Richard McGee 8 Jeff Lay
2 Lisa J. Hall 5 Bill O'Bryan 8 Amber Shaw
2 Josh Hedrick 5 Anthony (Tony) Orlandi** 8 Joseph E. Tubbs
2 Russell Johnson 5 Steven D. Parman 8 John (Jack) Warner, III
2 Michael J. King** 5 Andrea P. Perry 8 Vanedda Webb
2 Brian K. Krumm 5 Barbara Perutelli** 8 Allison S. Whitledge
2 Stephen A. Marcum 5 Brant Phillips** 9 Imad (Mr.) Abdullah
2 Carl P. McDonald 5 Lee (Mr.) Pope 9 Karen Campbell
2 Eric J. Morrison 5 Raymond G. Prince 9 Stuart Canale
2 Ben Mullins** 5 Peter C. Robison 9 Margaret Chesney
2 Marshall H. Peterson 5 Abby Rubenfeld 9 Frank Childress
2 Mary Ann Stackhouse 5 Christopher C. Sabis 9 Brian Coleman**
2 Kevin Teeters 5 (Denise) Billye Sanders** 9 David Cook**
2 Victoria B. Tillman 5 Michael J. Sandler, Sr. 9 Anne B. Davis
2 Hanson R. Tipton 5 Jennifer Lynne Sheppard 9 Laura Deakins
2 Brian Wanamaker 5 Rebekah Shulman 9 Asia Diggs
2 Shelly Wilson 5 Lesa Skoney 9 Jessica Ferrante
2 Clint Woodfin 5 Jeffrey Spark 9 Amber Floyd
2 Broderick Young 5 Taylor C. (Mr.) Sutherland 9 Nicole Grida**
3 Peter Alliman 5 David J. Tarpley 9 Greg Grisham**
3 John H. (Cam) Cameron, Jr. 5 James Patrick Warfield 9 Lauren Holloway
3 John M. Carson III 5 Bernadette Welch 9 Sean A. Hunt
3 Larry Cash 5 Gerald C. Wigger 9 Robbin (Ms.) Hutton
3 Stephen D. Crump 5 Luther Wright, Jr.** 9 Adam Johnson
3 Rachel Fisher-Queen** 5 Stephen Zralek 9 Julia Kavanagh
3 Rosemarie L. Hill 6 Douglas T. Bates, III 9 E. Patrick (Pat) Lancaster
3 Cameron S. Hill, Sr. 6 Caroline G. Beauchamp 9 Andre Mathis
3 Philip Jacobs 6 Richard Boehms 9 Zachary Moore
3 Bill Killian 6 Nathan Brown 9 Melisa Moore**
3 John F. Kimball 6 Greg Burlison 9 Charles "Chip" Morrow
3 Jeffrey Maddux 6 Jim Catalano 9 Kimbrough (Ms.) Mullins
3 Stevie (Ms.) Phillips 6 Anita Lynn Coffinberry 9 Ashley (Ms.) Patterson
3 H. Chris Trew 6 Hilary Duke 9 Michael C. Patton
3 Carmen Ware** 6 Ryan P. Durham 9 Eugene Podesta
3 William Weiss 6 Nichole Dusché 9 Steve Ragland
4 Doug Aaron 6 Michael "Jay" Fahey, II 9 Marc Reisman
4 William "Howie" Acuff 6 Rebekah Fisher 9 Holly J. Renken
4 Phillip Bivens 6 Jennifer F. Franks 9 Jennifer Sink
4 S. Todd Bobo 6 Robert H. Hassell, II 9 Kamilah Turner
4 Philip Duane Burnett** 6 Kim (Ms.) Helper 9 Andre Wharton
4 Michael Corley 6 Patricia Holder 9 Leslie (Ms.) Yohey (Isaacman)
12
Exhibit B
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