winchester-33010-9634717288104959851.pdf (2011)

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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361 -7500
(800) 486-5714
FAX: (I515) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org

RELEASE OF INFORMATION
RE: WILLIAM T. WINCHESTER, BPR# 21282
CONTACT: RACHEL L. WATERHOUSE
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

January 24, 2011

MEMPHIS LAWYER CENSURED

On January 21, 2011, Willi-am T. Winchester, of Memphis, Tennessee, was publicly censured by the
Board of Professional Responsibility.

In October 2003, Mr. Winchester filed an answer and a motion to dismiss civil litigation on his client’s
behalf. Mr. Winchester’s motion to dismiss was set but continued several times for various reasons. Mr.
Winchester failed to re—set his motion. Mr. Winchester failed to appear at a hearing on adverse party’s motions,
which resulted in a default judgment being entered against his client in March 2010, more than seven years after
the case began. Also, the court clerk was unable to locate Mr. Winchester between January and December
2009, which violates court rules to keep a current address on file.

Mr. Winchester’s actions violated Rule of Professional Conduct 1.3 (diligence), 1.4 (communication)
and 3.2 (expediting litigation).

A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to
practice law.

Winchester 33010—9 rel.doc

PLEASE NOTE
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BOARD OF PROFESSIONAL RESPONSIBILITY “Emblem W
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SUEREME COURT OF TENNESSEE “"'”"'""”° ”mm m V

IN RE: WILLIAM T. WINCHESTER, BPR NO. 21282 FILE No. 33010—9-KS
Respondent, an attorney licensed
to practice law in Tennessee

PUBLIC CENSURE

The above complaint was filed against William T. Winchester, an attorney licensed to

practice law in Telmessee, alleging certain acts ofmisconduct. Pursuant to Supreme Court Rule 9,

the Board of Professional Responsibility considered these matters at its meeting on December 10,

201 0.

In October 2003, Respondent tiled an answer and a motion to dismiss civil litigation on his

client’s behalf. Respondent’s motion to dismiss was set but continued several times for various

reasons. Respondent failed to re—set his motion. Respondent failed to appear at a hearing on adverse

party’s motions, which resulted in a default judgment being entered against his client. in March 2010,

more than seven years alter the case began. The case was not. dismissedprior to the March’2010

default judgment, as Respondent contends. Also, the court clerk was unable to locate Respondent

between Januaiy and December 2009, winch violates court rules to'keep a current address on file.

The court has never had a PO. Box listed for Respondent? despite Respondent’s contention.

By the aforementioned facts, William T. Winchester, has violated Rules of Professional.

Conduct 1 .3 (diligence), 1.4 {COlnHlllfllcalZlOID and 3 .2 {espediting litigation) and is hereby Publicly

1
Censured for these violations.

FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY

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