Gordan 26058 rel.PDF (2004)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (001537-20040129.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
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
RE: CHARLES GORDON, BPR #1532
CONTACT: WILLIAM W. HUNT, III
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 29, 2004
POWELL, TENNESSEE ATTORNEY CENSURED
On January 26, 2004, the BOPR issued a public censure as to Charles Gordon, an
attorney who practices in Powell, Tennessee. In April 2001, Jessica Stubbs hired Mr. Gordon to
handle her motherâs estate. Apparently it was a small estate with few if any complications. Mr.
Gordon quoted a fee of $200 which Ms. Stubbs paid him. Mr. Gordon met Ms. Stubbs at the
Clerkâs Office when they filed the Petition to open the estate. Ms. Stubbs states that Mr. Gordon
told her the estate had to remain open for four months.
Ms. Stubbs heard nothing from him after the passage of four months. She, therefore,
commenced calling him several times. Each time he told her that there had been no court date
set. On November 8, 2001, Ms. Stubbs called Mr. Gordon and asked that he cease representing
her. She asked for a refund of the fee. He told her that he had earned half of the fee since he had
prepared the petition and âattended a probate meeting to start the estate.â Ms. Stubbs agreed and
told Mr. Gordon she would be by his office the next day to pick up the file and the $100.
When Ms. Stubbs came by Mr. Gordonâs office as scheduled, she was given a check for
$100. However, Mr. Gordon did not have a file for her. He told her the file was âmissing.â As a
result Ms. Stubbs had to work to resurrect the file, including checking with possible creditors of
her mother to see if any money was still owed them.
As a lay person Ms. Stubbs did not know how to hand le and close an estate. She thought
she did all that was necessary, but received a notice from the Probate Court that she had failed to
appear at a Court hearing. She called the Clerk and discovered that Mr. Gordon had never
withdrawn from representing her. He had received notice of a hearing and failed to advise Ms.
Stubbs.
Ms. Stubbs then spoke several times with Mr. Gordon and asked that he formally
withdraw from representing the estate. As of February 28, 2003, when this complaint was filed
he never did so. After receiving this complaint, Mr. Gordon called the clerk and discovered that
the matter simply needed a closing order which he then submitted to the Court. The estate is
now closed.
Mr. Gordon neglected this case, failed to withdraw upon request, failed to give his client
her file upon request, failed to adequately communicate with his client, and failed to notify his
client of a hearing. The Board found Mr. Gordon to have violated DR 1-102(A)(5) and (6); 2-
110(A);6-101(A); 7-101(A), and 9-102(B)(4), which were the ethical rules for attorneys that
were in effect during Mr. Gordonâs representation of this estate.
TH:mw
Gordon 26058 rel.doc