BOARD OF PROFESSIONAL RESPONSIBILITY (2005)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367-2480 THERESA M. COSTONIS
BEVERLY P. SHARPE
CONSUMER COUNSEL DIRECTOR
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
IN RE: DAVID E. WOODBY, BPR # 13648
CONTACT: WILLIAM W. HUNT, III
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
March 9, 2005
BRISTOL, TENNESSEE LAWYER CENSURED
The Board of Professional Responsibility has publicly censured, David E. Woodby, a
lawyer who practices law in Bristol, Tennessee.
On February 16, 2000, Mr. Woodbyâs law license was suspended for noncompliance with
CLE. It was reinstated on January 10, 2001. On September 24, 2003, it was suspended again for
noncompliance with CLE.
Since September 24, 2003, Mr. Woodby continued to practice law. He had some
bankruptcy cases before Bankruptcy Judge Martha Parsons. She discovered that he had never
been admitted to practice before the Eastern District of Tennessee Federal Court and instructed
him to apply. He indicated to her that he would. Mr. Woodby continued to file bankruptcy
cases, but did not apply for admission. Judge Parsons issued a show cause order in four of his
bankruptcy cases. At the Show Cause hearing on February 24, 2003, Mr. Woodby indicated to
Judge Parsons that he was in the process of obtaining a certificate of good standing from the
State of Tennessee and requested additional time to complete the admission practice.
On or about March 10, 2003, Chapter 13 Trustee, Gwendolyn M. Kerney, received a
notice of levy on Mr. Woodby in the amount of $64, 270.95 compelling her to remit all fees due
him as debtorâs attorney to the IRS. Ms. Kerney checked with the Board and discovered that Mr.
Woodbyâs license had been suspended since the previous September.
The bankruptcy court issued an order prohibiting Mr. Woodby from further practice in
the bankruptcy court and requiring him to disgorge his fees. He subsequently obtained the
necessary CLE and on March 30, 2004 had his law license reinstated.
Woodby 27122-1 rel.doc
The Board found Mr. Woodby to have violated Rules of Professional Conduct
Nos.3.3(a)(1), 3.4( c), 5.5(a), and 8.4( c) and (d). The Board thus issued a censure, pursuant to
Rule 9, Rules of the Supreme Court. Mr. Woodby did not ask for a hearing relative to this
censure. This censure does not affect Mr. Woodbyâs to continue to practice law.
Woodby 27122-1 rel.doc
Woodby 27122-1 rel.doc