annualreport30th.pdf (2006)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY 1101 KERMIT DRIVE, SUITE 730 WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL NASHVILLE, TENNESSEE 37217 CHARLES A. HIGH
TELEPHONE: (615) 361-7500 SANDY GARRETT
LAURA L. CHASTAIN FAX: (800) 486-5714 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL (615) 367-2480 JAMES A. VICK
E-MAIL: ethics@tbpr.org THERESA M. COSTONIS
BEVERLY P. SHARPE DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR
THIRTIETH ANNUAL REPORT
July 1, 2005 through June 30, 2006
The state of attorney discipline is healthy and robust as evidenced in an editorial by The Tennessean on November 30, 2005,
stating, in part:
Supreme Court Has Effective Program to Investigate, Address Problems
...Tennesseans should appreciate the seriousness that the Tennessee Supreme Court gives to professionalism
and ethics... . The state is better for it. The legal profession...is much better for it. ...(C)onsumers need to
know that their grievances will be heard and investigated. And lawyers need to know that frivolous
complaints will not count against them.
The Board has received 36,883 complaints during the past thirty years, resulting in 162 disbarments, 398 suspensions, 479
public censures and 2,793 private reprimands or admonitions. There were 991 files opened during the past year. This is an
increase of less than 1% over the same period last year. The nature of the files created and areas from which they arose
during the past two years are shown on page two of this report.
The Consumer Assistance Program, implemented in 2002, continues to receive a large number of consumer contacts.
During the year, the program handled 4,661 concerns, a decrease of 3.3% compared to last year. The decrease is likely
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program. There were 3,493 instances of informal mediation of concerns not rising to the level of serious ethical violations.
Giving general information to legal consumers was the highest frequency of other activity. Areas of practice for which the
most inquiries were received were criminal, domestic, general civil, personal injury and estates. There were 1,145 referrals
to other entities such as fee dispute committees, lawyer referral services or to Disciplinary Counsel when informal mediation
was unable to quickly resolve issues.
TheBo ardâ sEthics Opinion Service, implemented in 1980, continues to preemptively assist lawyers in identifying and
resolving ethical dilemmas and thereby avoiding complaints being filed. This proactive program has resulted in 164 formal
ethics opinions and 832 advisory ethics opinions. Disciplinary Counsel have responded to 57,887 hotline telephone
inquiries from attorneys seeking guidance, including 3,145 inquiries during this reporting year. Disciplinary Counsel also
participated in 93 bar-sponsored ethics seminars during the year, attended by approximately 5,581 attorneys.
Attorneys are continuing to be proficient in the appropriate maintenance of trust accounts. There were 80 overdraft notices
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sy ear,representinga72% de clinef rom 288r e portedi n1995. TheBo ardâsOverdraft Notification Program was
implemented in 1994, requiring trust accounts to be maintained in financial institutions which agree to report overdrafts to
the Board. More than 300 financial institutions are participating in the program.
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contributions from public sources. The annual registration fees provided revenues in FY 05-06 of $1,904,435. Additional
revenues of $167,362 were received from interest, reimbursement of costs of disciplinary proceedings and prior fees and
penalties, providing total Board revenue this fiscal year of $2,071,797. Expenditures were $2,110,093. The Board also
collected and remitted an additional $375,250t hisy eart otheSupr emeCo urt
âsLawyer Assistance Program. In addition,
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-1-
REGISTRATION INFORMATIONm DISCIPLINARY INFORMATIONm
General Active Exempt Suspended Total DISCIPLINARY Number of Public Private Private Disability
Populationj Attorneys Attorneys Attorneysk Attorneys DISTRICTSl Complaints Disbarments Suspensions Censures Reprimands Admonitions Inactive
2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005
763,813 939 912 82 83 55 51 1,076 1,046 I 72 71 0 0 2 0 3 2 1 3 3 4 0 0
II
386,028 461 452 56 53 22 18 539 523 Excluding Knox Co. 64 47 0 0 1 1 6 1 0 1 7 2 0 0
II
404,972 1,686 1,653 171 167 71 72 1,928 1,892 Knox County 93 98 0 0 1 1 4 2 2 4 8 11 0 0
III
312,107 259 246 28 30 8 9 295 285 Excluding Hamilton Co. 19 14 0 0 0 0 1 0 3 0 1 2 0 0
III
310,935 1,091 1,076 100 91 49 49 1,240 1,216 Hamilton County 63 57 0 0 0 1 2 4 5 2 1 5 0 0
848,097 1,009 976 114 110 44 42 1,167 1,128 IV 83 85 1 0 0 0 2 1 2 2 9 7 1 0
V
575,261 3,996 3,876 334 333 189 195 4,519 4,404 Davidson County 163 194 1 2 2 3 9 9 5 7 20 13 0 1
836,252 1,473 1,379 154 144 79 78 1,706 1,601 VI 87 92 0 0 4 2 3 4 1 0 1 7 0 1
339,910 476 476 42 41 23 22 541 539 VII 43 54 0 1 0 1 2 0 2 0 3 4 0 1
276,549 248 249 28 29 14 12 290 290 VIII 17 21 0 0 0 0 1 3 0 0 1 1 0 0
IX
909,035 3,229 3,175 334 327 241 243 3,804 3,745 Shelby County 268 227 3 1 4 5 10 8 0 5 19 15 2 0
3,111 2,919 941 904 834 792 4,886 4,396 Out of State 19 22 2 0 3 3 0 1 1 1 3 3 0 1
5,962,959 17,978 17,389 2,384 2,312 1,629 1,583 21,991 21,065 --- TOTALS --- 991 982 7 4 17 17 43 35 22 25 76 74 3 4
NOTES: NATURE OF COMPLAINTS: 2006 2005
jU.S. Bureau of the Census, 2005 estimated County Population for Tennessee Counties. TRUST VIOLATIONS:
Recordkeeping, Embezzlement, Conversion, Commingling 62 91
kThis total includes suspensions for: non-payment of fee (552), non-compliance with
CLE (330), disciplinary actions (159) and multiple suspensions (588). CONFLICT OF INTEREST:
Personal, As Public Official, Appearance of Impropriety,
48 54
lThe Disciplinary Districts contain the following counties pursuant to Rule 9(2): Business with Clients, Multiple Representation
District I - Johnson, Carter, Cocke, Greene, Hancock, Grainger, Jefferson, NEGLECT:
Sullivan, Washington, Unicoi, Hawkins, Claiborne, Hamblen and Sevier Counties. Preparation, Failure to Communicate, File, Appear or Perform 335 330
District II - Campbell, Anderson, Roane, Blount, Morgan, Union, Knox, MISREPRESENTATION OR FRAUD:
Loudon and Scott Counties. False Documents, Attestation, Statements, Failure to Clarify 67 96
District III - Polk, Hamilton, Sequatchie, Bledsoe, Meigs, Monroe, Bradley, RELATIONSHIP WITH CLIENT:
Marion, Grundy, Rhea and McMinn Counties. Limiting Liability, Discussing Confidence, Improper Withdrawal,
Not Releasing Documents, Extortion, Harassment, Failure to 314 302
District IV - White, Van Buren, Pickett, Putnam, Overton, Clay, Franklin, Protect Client's Interest
Moore, Bedford, Rutherford, Wilson, Trousdale, Warren, Fentress, Cumberland,
Smith, Jackson, Coffee, Lincoln, Marshall, Cannon, DeKalb and Macon Counties. FEES:
Overreaching, Excessive, Splitting Fee with Non-Lawyer,
32 27
District V - Davidson County. Improper Division, Failure to Refund, Improper Fee
District VI - Giles, Wayne, Lewis, Maury, Humphreys, Cheatham, Houston, IMPROPER COMMUNICATIONS:
Montgomery, Robertson, Lawrence, Perry, Hickman, Dickson, Stewart, Advertising, Solicitation, Trial Publicity, Contact with Witnesses,
78 55
Sumner and Williamson Counties. Officials, Jury, Opposing Party
District VII - Henry, Carroll, Henderson, Hardeman, Hardin, Benton, Chester, CRIMINAL CONVICTION:
Decatur, Fayette, McNairy and Madison Counties. Felony, Misdemeanor, Other 9 3
District VIII - Weakley, Lake, Gibson, Haywood, Tipton, Obion, Dyer, PERSONAL BEHAVIOR:
Crockett and Lauderdale Counties. Competence, Mental Disability, Aiding Unauthorized Practice,
43 23
Ineffective Assistance
District IX - Shelby County.
OTHER:
mPeriod for 2006 data is July 1, 2005 through June 30, 2006. Reciprocal Discipline, not available 3 1
Period for 2005 data is July 1, 2004 through June 30, 2005.
TOTAL FILES OPENED: 991 982
ALL ATTORNEYS ARE REQUIRED TO FILE WRITTEN NOTICE OF ANY CHANGE FRIVOLOUS MATTERS ADMINISTRATIVELY DISMISSED
IN RESIDENCE ADDRESS, OFFICE ADDRESS OR STATUS WITHIN 30 DAYS PURSUANT TO RULE 9(7.2)(c): 267 286
OF SUCH CHANGE AS REQUIRED BY SUPREME COURT RULE 9(20.5).
TOTAL MATTERS RECEIVED: 1,258 1,268
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