BOARD OF PROFESSIONAL RESPONSIBILITY (2019)
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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: JAMES RADFORD SMITH, BPR #21017
CONTACT: STEVEN J. CHRISTOPHER
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
July 2, 2019
RUTHERFORD COUNTY LAWYER CENSURED
On July 1, 2019, James Radford Smith, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Smith agreed to represent a client in a pending petition for post-conviction relief. Mr. Smith failed
to obtain consent from his client before accepting fees from a third party and did not maintain good
communication with his client throughout the representation. After entering appearance in the action, Mr.
Smith failed to file an amended petition by the deadline prescribed by the Court and filed an untimely appeal
after the petition was denied. After completing the representation but still in possession of the client file, Mr.
Smith decided to close his law office. The client file was inadvertently destroyed by the moving company hired
by Mr. Smith in connection with the closure of his law office due to Mr. Smithâs failure to specify the client
files and other office documents that needed to be preserved.
By these acts, James Radford Smith has violated Rules of Professional Conduct 1.1 (competence); 1.3
(diligence); 1.4(a) (communication); 1.8(f) (payment of fees by a third party without client consent); 1.15
(safekeeping client property); and 3.2 (expediting litigation) and is hereby Publicly Censured for these
violations.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Smith 41990c-4 rel.doc