BOARD OF PROFESSIONAL RESPONSIBILITY (2016)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FA24: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MARSHALL SCOTT SMITH, BPR #9257
CONTACT: ALAN D. JOHNSON
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
November 22, 2016
MADISON COUNTY LAWYER DISBARRED
On November 18, 2016, the Tennessee Supreme Court disbarred Marshall Scott Smith from the
practice of law. In addition, Mr. Smith must make restitution to his former clients. The order is effective
November 18, 2016. Mr. Smith must pay the Boardâs costs and expenses and the court costs within ninety
days of the entry of the Order of Enforcement.
Mr. Smith failed to deposit settlement funds into his trust account, misappropriated funds from his
clients, accepted fees for which little or no work was performed, used his trust account for personal
expenditures, failed to adequately communicate with his clients, settled one case for a client without authority,
borrowed money from a client without advising the client of a conflict of interest and the need to obtain
independent legal advice or obtain the clientsâ written informed consent, and failed to timely respond to
complaints filed against him.
Mr. Smithâs ethical misconduct violates Rules of Professional Conduct 1.2, Scope of Representation;
1.4, Communication; 1.5, fees; 1.8(a), Conflict of Interest, Current Clients; 1.15, Safekeeping Property; 8.1,
Disciplinary Matters; and 8.4(a) and (c), Misconduct.
Mr. Smith must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and
30, regarding the obligations and responsibilities of suspended attorneys. Pursuant to Tennessee Supreme
Court Rule 9, Sections 30.2, Mr. Smith is not eligible for reinstatement to the practice of law because he was
previously disbarred and reinstated, and this is his second disbarment.
Smith 2459-7 rel.doc