Hodges 1363 rel.PDF (2003)
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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
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367- 2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
IN RE: WARNER HODGES, III, BPR #4780
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
September 26, 2003
MEMPHIS LAWYER PUBLICLY CENSURED
Memphis lawyer, Warner Hodges, III, was censured by the Board of Professional
Responsibility for ethical violations in four complaints; (1) respondent failed to keep trust
account records as required by Section 29 of Supreme Court Rule 9, making it
impossible to determine whether or not the money held in trust for distribution of the
complaining party was distributed as it should have been; (2) Hodges neglected his
clientâs medical malpractice case by failing to take depositions for the trial of the matter
and then non-suiting the case over the objection of his client saying that he would refile
the case the following week which he did not do. Hodges neglected another clientâs
legal matter and when his client discharged him refused to give back any of the retainer
fee; and respondent appeared at a deposition at opposing counselâs office in what
appeared to be an intoxicated state as a result of alcohol and medication.
The Board issued the public censure for these violations, upon the condition that
within ten days from the date of the censure, Hodges shall enter into a monitoring
agreement with Tennessee Lawyersâ Assistance Program (TLAP), with any reported
incidents of non-compliance constituting immediate grounds for summary suspension;
and upon the condition that he refund a portion of the retainer to his client; and upon the
condition that he pay the cost of the disciplinary proceeding.
The imposition of the censure declares Hodgesâ actions to be improper ethical
conduct, but does not limit his right to practice law.
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Hodges 1363 rel.doc