barr-799-and-842-release636368440933847702.pdf (1997)
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BOARD OF PROFESSIONAL RESPONSIBILITY
or THE
SUPREME COURT or TENNESSEE
. 1101 KEHMIT DRIVE, SUITE 730 WILLIAM w. HUNT. In
ACEB.BRAcv NASanLE,TENNE655537m1 CHARLESAIï¬GH
cures mscwtmnnv couusaL TELEPHONE: (615) 361-7500 3333333223.
LAURA L. CHASTAIN (800) 455-5714 JULIANNE H. wneNoN
nevurv cmar DISCIPLINARY COUNSEL FAX: (515) 367-2480 JAMES A. VICK
EMAIL: 10346.4.27300compusarve.oom DISCIPLINARâI COUNSEL
RELEASE OF INE ORMATION
. CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361~7500
October 28, 1997
NASHVILLE ATTORNEY SUSPENDED
James C. Barr, III, a Nashville attorney, has been suspended from the practice of law in
Tennessee for ï¬ve years by the Tennessee Supreme Court, with the suspension being retroactive
to November 30, 1994.
The Tennessee Supreme Court suspended Mr. Barr on November 30, 1994, based upon
Mr. Barrâs conviction of bank fraud and making a false declaration under penalty of perjury in
the United States District Court, Middle District of Tennessee, Nashville Division. The Board of
Professional Responsibility subsequently ï¬led a Petition for Final Discipline and a Petition for
Discipline against Mr. Barr. The hearing panel hearing these petitions found that Mr. Barr's
. conviction violated DR 1-102(A)(1)(2)(3)(4)(5)rand (6) since Mr. Barr had engaged in illegal
conduct involving moral turpitude; conduct involving dishonesty, fraud, deceit and
misrepresentation; conduct prejudicial to the administration ofjustice and conduct adversely
reï¬ecting on Mr. Barrâs ï¬tness to practice law.
Regarding the petitions ï¬led against Mr. Barr, the hearing panel found that Mr. Barr
violated DR 1-102((a)(1)(2)(3)(4)(5) and(6); DR 2-110(B)(2); DR 5-101(A)7-102(A)(8) and DR
7-104(A). More speciï¬cally the hearing panel found that Mr. Barr did not take reasonable steps
to avoid foreseeable prejudice to his client when withdrawing; that the respondent engaged in a
conï¬ict of interest; knowingly engaging in illegal conduct or conduct contrary to a disciplinary
rule and communicated or caused another to communicate on the subject of the representation
with a party known to be represented by counsel.
The hearing panel further found that Mr. Barrâs prior disciplinary record of a public
censure was an aggravating circumstance. "Mr. Barrâs admissions of wrongdoing, expressions of
regret, and willingness to have a mentor and to complete additional continuing legal education
requirements before being reinstated are somewhat mitigating factors. It does not appear that any
client lost money as a result of Mr. Barrâs conduct. These factors are offset to a degree by a
Release of Information
Re: James C. Barr, III
Page 2
pattern of misconduct, multiple offenses, and substantial experience in the practice of law."
The hearing panel recommended and the Supreme Court approved that Mr. Barr be
.suspended from the practice of law for ï¬ve years, with the suspension to be retroactive to
November 30, 1994. During the remaining period of Mr. Barrâs suspension, Mr. Barr shall be
required to attend and complete a minimum of thirty actual hours of approved continuing legal
education in courses dealing with ethics and professionalism. These hours of continuing legal
education are imposed as an additional sanction. It is the recommendation and judgment of the
hearing panel and the Supreme Court that these thirty (30) additional hours must be completed
before Mr. Barr can become eligible to ï¬le a petition for reinstatement. If and when Mr. Barrâs
license to practice law is reinstated, Mr. Barr will be required to practice the profession of law for
an apprOpriate period of time under the supervision of an experienced member of the bar who is
willing and able to Serve as a mentor to assist Mr. Barr in giving appropriate attention to his
clients and in fulï¬lling other professional responsibilities. Mr. Barr did not appeal the hearing
panelâs recommendation and that recommendation and judgment is now ï¬nal.
Mr. Barr may apply for reinstatement to the practice of law after serving his ï¬ve years
suspension and completing his thirty additional hours of continuing legal education. Mr. Barr
will have the burden of demonstrating by clear and convincing evidence that his resumption to
the practice of law will not be detrimental to the public.
ï¬
fence B. Bracy
Chief Disciplinary Counsel
SG:LBB:mw
94~799~95-842.Rel