BOARD OF PROFESSIONAL RESPONSIBILITY (2010)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (bastian-1655-6-rel633953753291463491.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MATTHEW Q. BASTIAN, BPR# 12562
CONTACT: KRISANN HODGES
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
December 1, 2009
COLUMBIA LAWYER SUSPENDED
On November 20, 2009, the Tennessee Supreme Court suspended Matthew Q. Bastian, of Columbia,
Tennessee, for one (1) year with all time probated upon Mr. Bastianâs compliance with two (2) conditions: he
must engage a practice monitor for one (1) year and he must obtain professional liability insurance. Further,
Mr. Bastian must pay restitution to his client in the amount of $20,000 no later than March 15, 2010. He must
attend fifteen (15) additional hours of continuing legal education related to the subject of law office
management. Mr. Bastian is also ordered to pay the Boardâs costs in this matter.
The Board of Professional Responsibility filed a Petition for Discipline against Mr. Bastian pursuant to
Rule 9 of the Rules of the Supreme Court of Tennessee. After a full hearing on the matter, a Hearing Panel
determined that Mr. Bastian failed to file a lawsuit as requested by his clients. He did not communicate with his
clients in a satisfactory manner throughout his representation. Mr. Bastian offered to settle any potential claims
for liability that his clients may have against him. Mr. Bastian did not advise his clients of the potential conflict
of interest and did not advise them to seek independent legal counsel. Mr. Bastian made only a partial payment
of the agreed sum and he has failed to make any further payments since 2005.
Mr. Bastianâs actions violated the following Disciplinary Rules and Rules of Professional Conduct: DR
1 102(A)(1)(5) and (6); DR 6-101 (A)(1)(2) and (3); DR 7-101 (A)(1)(2) and (3); DR 9-102(B)(2) and (4); RPC
1.1 (Competence), RPC 1.2 (Scope of Representation), RPC 1.3 (Diligence), RPC 1.4 (Communication), RPC
1.16 (Declining and Terminating Representation) and RPC 8.4 (Misconduct).
Mr. Bastian must comply with Section 18 of Rule 9, Rules of the Supreme Court, regarding the
obligations and responsibilities of suspended attorneys.
Bastian 1655-6 rel.doc
PLEASE NOTE
YOU MAY SUBSCRIBE TO RECEIVE INFORMATIONAL RELEASES, FORMAL ETHICS
OPINIONS, NEWSLETTERS AND ANNUAL REPORTS ELECTRONICALLY BY SIGNING IN AT
THE BOARDâS WEBSITE
www.tbpr.org/Subscriptions