annualreport27th.pdf (2003)
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TWENTY-SEVENTH ANNUAL REPORT
July 1, 2002 through June 30, 2003
During the past five years, there has been a steady and significant decline in the opening of
ethical complaint files. There were 983 files opened during the past year, a decrease of 16% from
1,171 opened during a similar period last year, and a decrease of 40% compared with 1998 when
1,655 files were opened. The Board has received 33,263 complaints during the past twenty-seven
years, resulting in 144 disbarments, 350 suspensions, 387 public censures and 2,523 private
reprimands or admonitions. The nature of the files created and areas from which they arose
during the past two years are shown on the reverse of this page.
The Boardâs Consumer Assistance Program, implemented in February, 2002, continues to be
effective in resolving consumer concerns which do not rise to the level of serious ethical
violations. During the past twelve-month period, the program has addressed 3,757 consumer
concerns. There have been 3,533 instances of informal mediation. The highest frequency of
other actions taken has been advising general information. The areas of practice for which the
most concerns were received are criminal, domestic, general civil, personal injury and
bankruptcy. There have been 1,484 referrals by CAP to other entities such as fee dispute
committees, lawyer referral services, or to disciplinary counsel when problems cannot be quickly
resolved by mediation.
The ethics opinion service, implemented in 1980 as a proactive program to prevent ethical
misconduct, has resulted in 160 formal ethics opinions and 780 advisory opinions. Disciplinary
Counsel have responded to 48,223 hotline phone inquiries from attorneys seeking ethical
guidance, including 3,599 inquiries during the past year. Disciplinary Counsel also participated
in 32 bar-sponsored ethics seminars during the year, attended by approximately 3,136 attorneys.
Attorneys are continuing to be proficient in the appropriate maintenance of trust accounts. There
were 44 overdraft notices filed this year, representing an 85% decline in overdraft notices from
288 in 1995. The overdraft notice program was implemented in 1994, requiring trust accounts to
be maintained in financial institutions which agree to report overdrafts to the Board. More than
300 banks are participating in the program.
The Board's practice and professionalism enhancement program, implemented in 1997, has
resulted in two hundred-nineteen attorneys completing Board-sponsored ethics workshops as an
alternative to discipline (diversion), or in connection with discipline concurrently imposed.
Tennessee attorneys have contributed $22.8 million in annual Court assessments to finance the
Boardâs programs, with no contributions from other sources. The annual attorney registration
fees provided revenue in FY 02-03 of $1,725,895. Additional revenues of $124,042 have been
received from interest, reimbursement of costs of disciplinary proceedings and prior fees and
penalties, providing total Board revenue of $1,849,937. Expenditures for FY 02-03 were
$1,886,363. The Board also collected and remitted an additional $164,940 to the Supreme
Courtâs Lawyer Assistance Program; and an additional $156,150, totaling $2.13 million since
1990, to the Courtâs Lawyersâ Fund for Client Protection.
REGISTRATION INFORMATIONµ DISCIPLINARY INFORMATIONµ
General Active Exempt Suspended Total DISCIPLINARY Number of Public Private Private Disability
PopulationÏ Attorneys Attorneys Attorneysκ Attorneys DISTRICTSλ Complaints Disbarments Suspensions Censures Reprimands Admonitions Inactive
2003 2002 2003 2002 2003 2002 2003 2002 2003 2002 2003 2002 2003 2002 2003 2002 2003 2002 2003 2002 2003 2002
744,097 865 849 72 67 45 39 982 955 I 107 91 0 0 2 0 1 2 2 5 7 8 0 0
II
374,382 438 429 46 45 19 21 503 495 Excluding Knox Co. 52 59 0 0 1 0 1 1 3 3 6 4 0 0
II
389,327 1,600 1,581 139 126 70 65 1,809 1,772 Knox County 89 101 0 0 3 1 0 0 6 4 6 14 0 0
III
302,532 246 252 25 19 7 6 278 277 Excluding Hamilton Co. 14 27 0 0 0 0 0 0 0 1 0 1 0 0
III
309,321 1,039 1,023 79 76 40 40 1,158 1,139 Hamilton County 36 58 0 0 0 1 3 0 2 7 2 3 0 1
801,130 898 878 100 92 40 39 1,038 1,009 IV 66 107 0 0 3 1 1 0 6 3 3 3 1 1
V
570,785 3,657 3,606 306 277 188 183 4,151 4,066 Davidson County 187 230 0 2 3 4 3 3 7 7 8 5 0 0
789,562 1,268 1,220 117 112 69 66 1,454 1,398 VI 102 119 1 3 0 1 3 4 7 6 7 5 2 0
335,202 448 433 42 40 22 20 512 493 VII 55 59 0 0 1 2 1 0 1 2 5 3 0 1
275,273 239 236 25 23 13 13 277 272 VIII 26 26 0 0 0 0 0 0 0 0 2 2 0 0
IX
905,678 3,026 3,006 291 272 226 215 3,543 3,493 Shelby County 224 270 1 3 4 3 6 3 10 11 33 32 0 1
2,764 2,713 794 743 679 672 4,237 4,128 Out of State 25 24 1 1 0 0 0 0 1 1 2 2 0 0
5,797,289 16,488 16,226 2,036 1,892 1,418 1,379 19,942 19,497 --- TOTALS --- 983 1,171 3 9 17 13 19 13 45 50 81 82 3 4
NOTES: NATURE OF COMPLAINTS: 2003 2002
ÏU.S. Bureau of the Census, 2002 estimated County Population for Tennessee Counties. TRUST VIOLATIONS:
Recordkeeping, Embezzlement, Conversion, Commingling 93 83
κThis total includes suspensions for: non-payment of fee (544), non-compliance with
CLE (293), disciplinary actions (130) and multiple suspensions (451). CONFLICT OF INTEREST:
Personal, As Public Official, Appearance of Impropriety,
58 62
λThe Disciplinary Districts contain the following counties pursuant to Rule 9(2): Business with Clients, Multiple Representation
District I - Johnson, Carter, Cocke, Greene, Hancock, Grainger, Jefferson, NEGLECT:
Sullivan, Washington, Unicoi, Hawkins, Claiborne, Hamblen and Sevier Counties. Preparation, Failure to Communicate, File, Appear or Perform 318 401
District II - Campbell, Anderson, Roane, Blount, Morgan, Union, Knox, MISREPRESENTATION OR FRAUD:
Loudon and Scott Counties. False Documents, Attestation, Statements, Failure to Clarify 62 71
District III - Polk, Hamilton, Sequatchie, Bledsoe, Meigs, Monroe, Bradley, RELATIONSHIP WITH CLIENT:
Marion, Grundy, Rhea and McMinn Counties. Limiting Liability, Discussing Confidence, Improper Withdrawal,
Not Releasing Documents, Extortion, Harassment, Failure to 305 391
District IV - White, Van Buren, Pickett, Putnam, Overton, Clay, Franklin, Protect Client's Interest
Moore, Bedford, Rutherford, Wilson, Trousdale, Warren, Fentress, Cumberland,
Smith, Jackson, Coffee, Lincoln, Marshall, Cannon, DeKalb and Macon Counties. FEES:
Overreaching, Excessive, Splitting Fee with Non-Lawyer,
34 55
District V - Davidson County. Improper Division, Failure to Refund, Improper Fee
District VI - Giles, Wayne, Lewis, Maury, Humphreys, Cheatham, Houston, IMPROPER COMMUNICATIONS:
Montgomery, Robertson, Lawrence, Perry, Hickman, Dickson, Stewart, Advertising, Solicitation, Trial Publicity, Contact with Witnesses,
79 80
Sumner and Williamson Counties. Officials, Jury, Opposing Party
District VII - Henry, Carroll, Henderson, Hardeman, Hardin, Benton, Chester, CRIMINAL CONVICTION:
Decatur, Fayette, McNairy and Madison Counties. Felony, Misdemeanor, Other 2 2
District VIII - Weakley, Lake, Gibson, Haywood, Tipton, Obion, Dyer, PERSONAL BEHAVIOR:
Crockett and Lauderdale Counties. Competence, Mental Disability, Aiding Unauthorized Practice,
32 26
Ineffective Assistance
District IX - Shelby County.
OTHER:
µPeriod for 2003 data is July 1, 2002 through June 30, 2003. Reciprocal Discipline, not available 0 0
Period for 2002 data is November 1, 2001 through October 30, 2002.
TOTAL FILES OPENED: 983 1,171
ALL ATTORNEYS ARE REQUIRED TO FILE WRITTEN NOTICE OF ANY CHANGE FRIVOLOUS MATTERS ADMINISTRATIVELY DISMISSED
IN RESIDENCE ADDRESS, OFFICE ADDRESS OR STATUS WITHIN 30 DAYS PURSUANT TO RULE 9(7.2)(c): 315 336
OF SUCH CHANGE AS REQUIRED BY SUPREME COURT RULE 9(20.5).
TOTAL MATTERS RECEIVED: 1,298 1,507
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