2025 Annual Report.pdf (2025)

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Board of Professional Responsibility

44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

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 2024-2025, Board members
volunteered 959 hours and received no compensation for their service. Members of the Board include:

R. Culver Schmid (Chair)
Jennifer S. Hagerman (Vice-Chair)
Richard Briggs (Lay Member)
Ginger Wilson Buchanan
Jimmy Dunn
Stacey B. Edmonson
Charles K. Grant
Dr. Carol Johnson-Dean (Lay Member)
Jim Maddux (Lay Member)
Barbara Medley
Kirk Moore
Jonathan Steen

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 2024-2025, 221 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 221 members, 208 reported
volunteering 3,239 hours in 2024-2025 for which they received no compensation for their services. A
roster of current district committee members is attached as Exhibit B.
44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

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. Public registration information is
displayed on the Boardâs website to allow the judiciary, lawyers and the public to access licensing,
registration and contact information about lawyers.

Active Attorneys by Disciplinary District: 24,588*

Disciplinary District 1: 1,069 Active TN attorneys
Disciplinary District 2: 2,717 Active TN attorneys
Disciplinary District 3: 1,637 Active TN attorneys
Disciplinary District 4: 1,426 Active TN attorneys
Disciplinary District 5: 6,406 Active TN attorneys
Disciplinary District 6: 2,662 Active TN attorneys
Disciplinary District 7: 504 Active TN attorneys
Disciplinary District 8: 281 Active TN attorneys
Disciplinary District 9: 3,391 Active TN attorneys
*4,495 Out of State Active TN attorneys

Active Attorney Statistics:

ï§ Years Licensed: <5 yrs: 17% â Age: 21-29 yrs: 5%
6-15 yrs: 28% 30-39 yrs: 20%
16-25 yrs: 24% 40-49 yrs: 25%
26-35 yrs: 15% 50-59 yrs: 22%
36-45 yrs: 10% 60-69 yrs: 16%
46+ yrs: 6% 70+ yrs: 12%

ï§ Gender: Male: 60% â In-state Attorneys: 82%
Female: 39% â Out-of-state Attorneys: 18%
Unreported: 1%

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

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 2024-2025, 6,455 attorneys on inactive status were
registered with the Board of Professional Responsibility.

ï· 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 2024-2025
as follows:

Non-payment of Annual Fee: 172
Continuing Legal Education non-compliance: 124
Interest on Lawyerâs Trust Accounts non-compliance: 105
Professional Privilege Tax non-compliance: 52
Default on a Student Loan: 0
Total: 453

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

Assistance, Investigation and Prosecution

ï§ 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 74

Actions Taken

Referred to Investigations 8
Resolved without Investigation 55
In Progress 11

ï· Consumer Assistance Program (CAP) and Investigation
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.

Disciplinary Counsel investigate complaints against attorneys 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.

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

A. Complaints Received/Previously Active

Requests for Investigations 2,007
Requests for Assistance 1,952

Total: 3,959

B. Complaints Disposition

Administratively Dismissed 665
Transferred to Investigations 705
Transferred to CAP 2,616
Duplicates/Deceased/Other 6

Total: 3,992

C. Nature of Complaints
Improper Communications Criminal Activity Personal Behavior Other Trust Violation Conflict of Interest
3% 2% 4% 1% 2% 3%
Fees
4%

Relationship with Client or
Court
24%
Neglect and Failure to
Communicate
50%

Misrepresentation or Fraud
7%

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

D. Investigative Caseload:

Investigations Opened 783
Pending Investigations from previous fiscal year 635

Total: 1,418

E. Investigative Disposition:

Investigative Dismissals 584
Diversion 57
Private Informal Admonition 46
Private Reprimand 24
Informal Public Censure 43
Transferred to Litigation 106
Placed on Retired 30
Other1: 43

Total: 936

ï· 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.

1
Abated by death; complaint withdrawn; duplicate file.
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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

A. Formal Disciplinary Caseload

Formal cases filed during Fiscal Year: 80
Formal cases pending at beginning of Fiscal Year: 92

Total formal proceedings: 172

Public hearings conducted in Fiscal Year: 30

Temporary Suspensions Filed: 11

B. Formal Disciplinary Proceedings Disposition:

Dismissals: 3
Public Censures: 8
Suspensions: 17
Permanent Disbarments: 9
Transfer to Disability Inactive: 14
Reinstatements: 5
Other2: 7

Total: 63

2
Abated by death; voluntary non-suited; denied; withdrawn; nonserious crime.

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

Resolution of Formal Disciplinary Proceedings

9
8
7
5
3

Dismissals Public Censures Suspensions Permanent Transfer to Reinstatements Other
Disbarments Disability Inactive

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

ï· 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 1,820 phone
and internet inquiries from attorneys seeking ethical guidance.3

ii. Formal Opinions

2025-F-171: It is improper for an attorney to propose or accept a provision in a
settlement agreement that requires the attorney to become a party bound by a
non-disparagement clause that prohibits the lawyer from future use of
information, learned during the case, which may shed a negative light on the
defendants.

B. Continuing Legal Education (CLE) Presentations:

Between July 1, 2024, and June 30, 2025, Disciplinary Counsel presented forty (40)
CLE seminars, attended by approximately 3,641 attorneys.

C. Board Notes:

In 2024-2025, 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.

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

D. Workshops:

a. The Board of Professional Responsibility hosted its annual Ethics Workshop on November
2, 2024, with 897 attorneys attending both virtually and in person. This yearâs Ethics
Workshop is scheduled for November 21, 2025.

b. The Board of Professional Responsibility has offered two trust account workshops in
2024/2025, with 589 attorneys attending both virtually and in person. The next trust account
workshop will be held Wednesday, December 3, 2025.

E. Tennesseeâs Proactive Management-Based Regulation (Voluntary Self-Assessment):

Tennesseeâs Proactive Management-Based Regulation (PMBR) program is an
interactive law office management self-assessment course offered at no cost to attorneys. The
ten self-assessments are designed to mitigate risk, elevate competence, and enhance the quality
of legal services delivered to clients. The goal of the program is to prevent problems within a
law firm before they arise, enabling attorneys to spend more time on cases. Attorneys receive
3 Dual CLE Credits after completion of the course. The ten self-assessments are as follows:

1. Developing Competent Practices
2. Communicating in an Effective, Timely, Professional Manner
3. Ensuring That Confidentiality Requirements Are Met
4. Avoiding Conflicts of Interest
5. Retaining and Managing Secure Files
6. Managing the Law Firm/Legal Entity and Staff
7. Charging Appropriate Fees and Making Appropriate Disbursements
8. Ensuring the Use of Reliable Trust Account Practices
9. Access To Justice and Client Development
10. Promoting Wellness

Since the implementation of the course in August 2019, 1,615 Tennessee attorneys have
completed the self-assessment, with 155 completing the course in 2024-2025.

Access the Tennessee PMBR program by following this link: http://tbpr.prolearn.io.

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025

Board of Professional Responsibility
Staff Directory
Name Title Extension
Doug Bergeron Disciplinary Counsel 247
Julie Brown Administrative Assistant Clerk 215
Jonathan Carrera-Perry Executive Assistant 201
Laura Chastain Ethics Counsel 212
Steve Christopher Deputy Chief Disciplinary Counsel - Investigations 203
JesÃºs Del Campo Legal Assistant - Litigation 249
Stephanie Dobis Executive Secretary 206
Madeline Droessler Lead Legal Assistant 250
Dana Dunn Assistant Director 209
Eric Fuller Disciplinary Counsel 243
Sandy Garrett Chief Disciplinary Counsel 211
Reynold Gaulden, Jr. Registration Assistant II 244
Elizabeth Gray Administrative Assistant-Registration/ Scanning 202
Kelly Heflin Legal Assistant - Investigations 242
McKenzie Hollars CAP Legal Assistant 255
Maureen Hughes Disciplinary Counsel 234
Molly Leins Registration Manager 220
Carol Marsh Receptionist 200
Jim W. Milam Disciplinary Counsel 245
Heather Piper Disciplinary Counsel 246
Nicholas Price CAP Legal Assistant (Intake) 257
Tony Pros Network Administrator 205
Liz Radford Legal Assistant – Investigations and Litigation 238
Beverly Rooks Lead Legal Assistant – Investigations 233
Beverly Sharpe Director of Consumer Assistance Program 226
Pennye Sisk Paralegal 248
Eileen Burkhalter Smith Disciplinary Counsel 210
Candis Stigall Case Manager 229
Tiffany Tant-Shafer Disciplinary Counsel 235
Logan Thornton Support Technician 207
Suzie Thurber Administrative Assistant Clerk 241
Cheri Weaver CAP Paralegal 208
Lani White Registration Assistant II 227
Russ Willis Deputy Chief Disciplinary Counsel - Litigation 236

Exhibit A

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44th Annual Discipline Report
Fiscal Year July 1, 2024 – June 30, 2025