BOARD OF PROFESSIONAL RESPONSIBILITY (2005)
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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
IN RE: PAUL RICHARD TALLEY, BPR #9660
CONTACT: WILLIAM W. HUNT, III, Ph.D
BOARD OF PROFESSIONAL RESPONSIBILITY
November 10, 2005 615-361-7500
DANDRIDGE ATTORNEY CENSURED
On November 4, 2005, the Board of Professional Responsibility, pursuant to Rule 9 of
the Supreme Court Rules publicly censured attorney Paul Richard Talley, who practices law in
Dandridge, Tennessee. Mr. Talley did not request a hearing. The Censure does not affect Mr.
Talleyâs right to continue to practice law.
Kirk Fenner and Ian Barnes hired Mr. Talley to represent them in regard to illegal alcohol
sales. (Mr. Fenner paid his fees.) Mr. Talley represented both of them at a preliminary hearing
on November 19, 2003. The two were indicted on February 9, 2004. The matter was set for trial
on March 22, 2004. After the indictment, the DA offered Mr. Fenner diversion and Mr. Barnes a
misdemeanor.
Mr. Barnes accepted the offer. Mr. Talley claimed Mr. Fenner also accepted the offer.
However, unbeknownst to respondent, Mr. Fenner secretly recorded their meeting, the recording
showing that Mr. Fenner clearly rejected the diversion offer. Mr. Talley communicated to the
court that both his clients would accept the offers and had the case assigned to the non-jury
docket, scheduling it for April 15, 2004. Mr. Talley was out of town on April 15, and instructed
his associate to go to court on their behalf. After talking to the clients, the associate informed the
judge that the parties now wished to go to trial. The court found Mr. Fenner, Mr. Barnes, and
Mr. Talley âin contempt on the basis of an intentional or reckless disregard for the orders of the
court causing substantial interference with the orderly and efficient administration of justice.â
Mr. Barnes and Mr. Talley did not contest the contempt. Mr. Fenner demanded a
hearing, during which Mr. Fenner provided the court the tape of the meeting between respondent
and himself. The court withdrew the contempt against Mr. Fenner after listening to the tape.
The Board found that Mr. Talley thereby violated RPC 1.2, 3.3, and 8.4(c) and (d) of the
Tennessee Rules of Professional Conduct.
Talley 27433 – 27415-1 rel.doc
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