westmoreland-37255c.pdf (2015)

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IN DISCIPLINARY DISTRICT IV
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

IN RE: CHRISTOPHER PAUL WESTMORELAND FILE NO.37255c—4nES
BPR No. 24789
Respondent, an attorney licensed
to practice law in Tennessee
(Bedford County)

PUBLIC CENSURE

The above complaint was filed against Christopher Paul Westmoreland, an attorney

licensed to practice law in Tennessee, alleging certain acts ofmisconduct. Pursuant to Tenn. Sup.

Ct. R. 9, the Board of Professional Responsibility considered these matters at its meeting on

September ll, 2015.

Mr. Westmoreland was appointed to represent a client on two criminal matters which

resulted in convictions. In the first matter, Mr. Westmoreland timely filed an appeal but neglected

to timely file the appellate brief. Mr. Westmoreland filed a motion to accept the late-filed brief

which was granted, but the Court cautioned Mr. Westmoreland about complying with the Rules of

Appellate Procedure and Orders of the Court. In the client’s second matter, Mr. Westmorcland

neglected to timely file the notice of appeal. Several months later, Mr. Westmoreland filed a

motion to accept the late-tiled notice of appeal which was granted. No activity took place on the

appeal for at least four months until the clerk notified Mr. Westmoreland that the record had not

been received. Thereafter, the record was filed, briefs were filed, and the appeal was submitted on

briefs. Mr. Westmoreland also failed to timely respond to requests for information from his client.
By the aforementioned acts, Mr. Westmoreland violated Rules of Professional Conduct 1.3

(diligence), 1.4 (communication), 3.2 (expediting litigation), 3.4(c) (fairness to Opposing counsel),

and 8.4(d) (prejudice to the administration ofjustice). The client suffered delays in two cn‘minal

appeals as a result of MI. Westmoreland’s actions. Mr. Westmoreland is hereby Publicly Censured

for these violations.

FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY

ichael King, Chair

Wbéf /5 a M3
92m: ’

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