BOARD OF PROFESSIONAL RESPONSIBILITY (2016)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (herbison-2395-6-rel.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
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: JOHN EDWARD HERBISON, BPR #12659
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
February 3, 2016
MONTGOMERY COUNTY LAWYER SUSPENDED
On February 2, 2016, John Edward Herbison, of Clarksville, Tennessee, was suspended from the
practice of law by Order of the Tennessee Supreme Court for two (2) years, with sixty (60) days to be served as
an active suspension and indefinitely thereafter until restitution, in the amount of $7,500, is paid to his former
clients. The suspension order is effective upon entry. As a condition of probation, Mr. Herbison shall engage a
practice monitor at his expense. Mr. Herbison must pay the Boardâs costs and expenses and court costs within
ninety days of the entry of the Order of Enforcement.
Mr. Herbison accepted a non-refundable fee of $7,500 and thereafter failed to prepare an application for
clemency and reasonably communicate with his clients. Mr. Herbison misled his clients to believe the
application for clemency was being prepared and would be delivered to the clients. Upon learning that the
application had not been prepared, the clients terminated Mr. Herbison and requested a refund. Mr. Herbison
failed to refund the unearned fee.
Mr. Herbison admitted his conduct violated Rules of Professional Conduct 1.3 (diligence), 1.4
(communication), 1.5 (fees), 1.16 (declining or terminating representation) and 8.4(a) (misconduct).
Mr. Herbison must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and
30, regarding the obligations and responsibilities of suspended attorneys.
Herbison 2395-6 rel.doc