BOARD OF PROFESSIONAL RESPONSIBILITY (2017)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: GERALD DENNY WAGGONER, BPR #13988
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
August 2, 2017
SHELBY COUNTY LAWYER SUSPENDED
On August 1, 2017, the Supreme Court of Tennessee entered an order suspending Gerald Denny
Waggoner, Jr., from the practice of law for a period of three (3) years, pursuant to Tennessee Supreme Court
Rule 9, Section 12.2, and requiring payment of restitution to the client and costs to the Board of Professional
Responsibility. As a condition of reinstatement, Mr. Waggoner will be required to engage a practice monitor
for one (1) year.
A Petition for Discipline was filed against Mr. Waggoner on March 1, 2016, consisting of one (1)
complaint alleging lack of diligence, lack of communication, incompetent representation, misrepresentations to
client, improper fee and misrepresentations to the Board. Mr. Waggoner applied for and received a statutory
award of attorney fees in an ERISA case. Although required by a written contingency fee agreement to credit
any fee received toward that owed by the client, Mr. Waggoner demanded a forty percent (40%) contingency
fee upon settlement of the case in addition to retaining the previously received statutory fee. Without the
knowledge or consent of his client, Mr. Waggoner removed the disputed fees from his trust account and
converted them to his personal and business use. Further, Mr. Waggoner failed to provide his client with a
detailed accounting of the funds received and converted and materially misrepresented to the Board that the
clientâs money remained in the law firmâs trust account. The matter was tried before a Hearing Panel which
determined the appropriate disciplinary sanction to impose upon Mr. Waggoner was a three (3) year suspension.
Mr. Waggonerâs conduct violated Rules of Professional Conduct (RPC) 1.4 (communication); 1.5(a) &
(b) (fees); 1.15(a), (b), (d) & (e) (safekeeping property and funds); 8.1(a) & (b) (bar admissions and disciplinary
matters) and 8.4(a), (b), (c) & (d) (misconduct).
Mr. Waggoner must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and
30.4, regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.
Waggoner 2561-9 rel.doc