BOARD OF PROFESSIONAL RESPONSIBILITY (2014)
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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: JOHN EDWARD HERBISON, BPR #12659
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
November 20, 2014
MONTGOMERY COUNTY LAWYER SUSPENDED
On November 20, 2014, John Edward Herbison, of Clarksville, Tennessee, was suspended from the
practice of law for a period of eighteen (18) months. Pursuant to Tennessee Supreme Court Rule 9, Section 8.5
(2006), Mr. Herbison shall serve the first sixty (60) days on active suspension and the remaining sixteen (16)
months on probation subject to conditions. Mr. Herbison must pay the Boardâs costs and expenses and the court
costs within ninety days of the entry of the Order of Enforcement. The effective date of the order of suspension
is November 30, 2014.
On February 11, 2013, a Petition for Discipline was filed against John Edward Herbison. The Petition
incorporated three (3) complaints of misconduct. In the first matter, Mr. Herbison failed to communicate with
his client and was sanctioned by the Board in March, 2011. Mr. Herbison continued representation of the client
but, thereafter, neglected his professional duties and failed to appropriately communicate with his client until at
least January 31, 2012. In the second matter, Mr. Herbison failed to file a notice of appeal with the Court of
Criminal Appeals and delayed seeking relief from the Court of Criminal Appeals. Mr. Herbisonâs untimely
request for relief was denied by the Court of Criminal Appeals, and the client was unable to seek appellate
review of his post-conviction petition. In the third matter, Mr. Herbison failed to reasonably communicate with
his client regarding the scope of services to be performed for the client. Mr. Herbison failed to clearly convey
to the client that his legal representation had concluded. After receiving Mr. Herbisonâs legal analysis related to
seeking executive clemency, the client attempted to contact Mr. Herbison to correct certain factual errors in the
document. The client was unable to contact Mr. Herbison.
Mr. Herbison admitted violating Tennessee Rules of Professional Conduct 1.3 (diligence), 1.4
(communication), 1.5 (fees), 1.16 (declining or terminating representation), 3.2 (expediting litigation), and 8.4
(misconduct).
Mr. Herbison must comply with the requirements of Tennessee Supreme Court Rule 9, Section 18
(2006) and Tennessee Supreme Court Rule 9, Section 30.4(c) (2014) regarding the obligations and
responsibilities of suspended attorneys.
Herbison 2186-6 rel.doc