BOARD OF PROFESSIONAL RESPONSIBILITY (2013)
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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: EDWARD KINDALL, BPR #5952
CONTACT: ALAN D. JOHNSON
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
December 27, 2013
DAVIDSON COUNTY LAWYER SUSPENDED
On December 26, 2013, Edward Kindall, of Nashville, Tennessee, was suspended from the practice of law by
Order of the Tennessee Supreme Court for one (1) year, retroactive to May 12, 2013, the date he was transferred from
Disability Inactive Status to Active Status. He must consult with the Tennessee Lawyers Assistance Program, refund a
partial fee to a client, and pay the Board of Professional Responsibilityâs costs and expenses within ninety days of the
entry of the Order of Enforcement.
A Petition for Discipline was filed on November 17, 2009, alleging that Mr. Kindall failed to supervise a nonlawyer employee who was engaging in the unauthorized practice of law and misusing Mr. Kindallâs trust accounts.
Because Mr. Kindall was not appropriately supervising the non-lawyer employee, she was able to engage in transactions
that created conflicts of interest and that abused her authority as a representative of Mr. Kindall. Upon learning of the
non-lawyer employeeâs conduct Mr. Kindall paid restitution to the clients that were injured.
Mr. Kindall failed to establish internal policies and procedures designed to provide reasonable assurance that his
non-lawyer assistant acted in a way compatible with the Rules of Professional Conduct, and failed to properly supervise
the non-lawyerâs activities. Mr. Kindall entered into a Conditional Guilty Plea admitting to the misconduct.
Mr. Kindallâs actions violated Rules of Professional Conduct 1.8 (conflict of interest); 1.15 (safekeeping
property); 5.3 (responsibilities regarding non-lawyer assistants); 5.5 (unauthorized practice of law), and 8.4 (misconduct).
Mr. Kindall must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 18 and 19,
regarding the obligations and responsibilities of suspended attorneys.
Kindall 1855-5 rel.doc
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