BOARD OF PROFESSIONAL RESPONSIBILITY (2006)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: LINDA KAYE KENDALL GARNER, BPR #13573
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
(615) 361-7500
July 5, 2006
MEMPHIS LAWYER PUBLICLY CENSURED
Linda Kaye Kendall Garner, of Memphis, was publicly censured by the Board of
Professional Responsibility on June 27, 2006. The censure was issued by the Board pursuant to
Rule 9, Section 8 of the Rules of the Tennessee Supreme Court. Garner initially requested a
hearing on the matter, but later withdrew her request and agreed to accept the censure.
In one complaint filed against Garner, the Board found that between 2002 and 2004, she
negligently failed to properly communicate with her clients regarding the setting of a writ of
inquiry in a personal injury action which had been pending in Circuit Court since 1995, and in
which respondent had obtained a default judgment on behalf of the clients in July of 2002. The
Board also found that Garner was required to non-suit the case for a second time in May of 2004
because a writ of inquiry hearing had not been conducted and that she negligently failed to
inform her clients of the second voluntary non-suit.
In mitigation, the Board found that Garner was remorseful and apologetic to her clients,
that she was willing to accept financial responsibility to her clients for her neglect if she were
sued, that she had no intent to violate the Rules of Professional Conduct and that she had
cooperated fully with the Boardâs investigation.
Garner 28188-9 rel.doc
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