BOARD OF PROFESSIONAL RESPONSIBILITY (2016)
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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
FA24: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: HOMER L. CODY, BPR #10755
CONTACT: WILLIAM C. MOODY
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
July 8, 2016
SHELBY COUNTY ATTORNEY SUSPENDED
On July 7, 2016, Homer L. Cody, of Memphis, Tennessee, was suspended for one year by the Tennessee
Supreme Court. The suspension will begin on July 17, 2016. Further, Mr. Cody must pay the Board of
Professional Responsibilityâs costs and expenses and the court costs within ninety days.
Mr. Cody represented the plaintiffs in a lawsuit wherein the judge found that Mr. Cody had a conflict of
interest. The court disqualified Mr. Cody from continuing to represent the plaintiffs. Mr. Cody was ordered to
refrain from filing any other pleadings on behalf of the plaintiffs. The judge dismissed the plaintiffsâ case.
When two of the plaintiffs appealed, Mr. Cody circumvented the courtâs order by writing two appellate briefs
for those plaintiffs who then signed and filed the briefs as if they were not represented by an attorney.
A Hearing Panel found Mr. Codyâs actions violated the following Rules of Professional Conduct:
3.4(c), Fairness to Opposing Party, and 8.4(a), (c) and (d), Misconduct. Mr. Cody appealed the decision to the
Circuit Court for Shelby County, which affirmed the Hearing Panelâs decision. Mr. Cody appealed the decision
of the Shelby County Circuit Court to the Supreme Court of Tennessee. The Supreme Court dismissed Mr.
Codyâs appeal because the brief he filed did not comply with the Tennessee Rules of Appellate Procedure.
Mr. Cody must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 18 (2006)
and 30 (2014), regarding the obligations and responsibilities of suspended attorneys.
Cody 2339-9 rel.doc