Rather 26153-2 - 26272-2 rel.PDF (2005)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367- 2480 THERESA M. COSTONIS
BEVERLY P. SHARPE
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR
RELEASE OF INFORMATION
IN RE: JAMES L. RATHER, BPR #19722
BOARD OF PROFESSONIONAL RESPONSIBILITY
CONTACT: WILLIAM W. HUNT, III
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 31, 2005
KNOXVILLE LAWYER CENSURED
On January 24, 2005 the Board of Professional Responsibility issued a Public Censure as
to James L. Rather, of Knoxville, Tennessee.
Mr. Rather was employed as a Tennessee in- house attorney for an estate planning
company out of Louisiana called, Mid-South Planning, which provides living trust documents to
elderly consumers. These documents include a durable power of attorney, the revocable living
trust, a living will, etc. Mr. Rather prepares the documents. The sales person also sells annuities
to the customers. The salesperson sold one such such package to a woman who suffered from
Alzheimerâs Disease. An associate of Mid-South visits the customer in his/her home, signs the
customer up for documents and then returns the documents to the customer to be notarized. The
customer then writes a check to Mid-South for approximately $1,800. The customer never meets
with Mr. Rather. The customers sign these documents often unaware of their effect upon prior
documents which have been signed by these usually elderly customers. Mr. Rather is paid by
Mid-South.
The Board found that Mr. Rather thereby violated these ethics rules: DR 3-101(A) and 3-
102(A), as well as RPC 5.5. These rules prohibit attorneys from assisting the unauthorized
practice of law.
Notice of this censure was mailed to Mr. Rather pursuant to Rule 9, Rules of the Supreme
Court of Tennessee. Mr. Rather did not request a hearing and the Censure has thereby become
final.
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Rather 26153-2 - 26278-2 rel.doc