watson-32392-3-public-censure.pdf (2010)

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sop-jt PHOFESleNAL sESPoNSIleITY
- OFTHE
PHEM OURT FTENNESSEE

IN DISCIPLWARY DISTRICT III M W
OF TI'IE Executive Secretary
BOARD or PROFESSIONAL RESPONSIBILITY
or "rt—re
SUPREME COURT OF TENNESSEE

1N RE: ALBERT L. WATSON, Ill, BPR NO. 1516 ' FILE NO. 323 923423
Respondent, an attorney licensed
to practice law in Tennessee
(Hamilton County)

PUBLIC CENSURE

The above complaint Was filed against Albert IL. Watson, Ill, an attorney licensed to

practice-law in Tennessee, alleginé certain acts of misconduct. Pursuant to Supreme Court Rule

9, the Board of Professional Eesponsibility considered these matters at its meeting on June 11,

2010.

The Complainant hired the ReSpondent to represent her mentally ill son after he was

admitted to a mental health institute on an emergency petition. The hospital petitioned the court

to appoint a guardtan ad litem for the Complainant’s son, and an order Was entered appointmg‘a

conservator. The Complainant wanted the Respondent to represent her son in an appeal of this '

decision. The Respondent filed a motion to reconsider and a notice of appeal. Thereafter, the

Complainant made seizeral attempts to contactthe Resp'ondent| and inquire about the status of the

matter, but the Respondent did not respond. Finally, the Complainant received a notice from the

chanoery court clerk’s office advising her that the Court of Appeals had dismissed the appeal.

The Respondent had failed to file an app ellate- brief. Subsequently, the characer court entered an

I order denying the motion to reconsider, in which. the court questioned the adequacy of the

Respondent’s motion under Rule of Civil Procedure 7.02. The Respondent failed to give the
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Complainant notice of either court’s ruling. V,

The Respondent violated Rule 11.4 by failing to maintain communication With the

Complainant. The Respondent ignored the Complainantasrequests .forainformafion and did not

inform the Complainant that the Court of Appeals had dismissed‘the appeal or that the ohanoery

court had denied the motion to reconsider; Also, the Respondent failed to act with reasonable

diligence in violation of Rule 1.3. The Respondent did not file an appellate brief in the Court of

Appeals, so the appeal Was dismissed. Finally, the Respondent failed to abide by the

Complainant’s decision concerning the objective of the representation in violation of Rule 1.2.

‘By the aforementioned facts, Albert L. Watson, III, {as violated Rule of frofessional

Conduct '152. (scope of representation), 1.3 (diligence), 1.4 (oonununioatiou) and is hereby

Publicly Censored forthese violations.

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