annualreport28th.pdf (2004)
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TWENTY-EIGHTH ANNUAL REPORT
July 1, 2003 through June 30, 2004
The steady and significant decline in the opening of complaint files continues. There were 926 files opened
during the past year, a decrease of 5.8% from 983 opened during a similar period last year, and a decrease of
44% compared with 1998 when 1,655 files were opened. The Board has received 34,357 complaints during
the past twenty-eight years, excluding the consumer assistance concerns mentioned below. The complaints
have resulted in 151 disbarments, 364 suspensions, 412 public censures and 2,596 private reprimands or
admonitions. The nature of the files created and areas from which they arose during the past two years are
shown on page two of this report.
The Consumer Assistance Program, implemented by the Board in 2002, continues to receive a large volume of
legal consumer contacts. During the past year, the program addressed 4,567 consumer concerns, an increase of
18% over the previous year. Informal mediation of consumer concerns, not rising to the level of serious
ethical violations, occurred in 4,080 instances. Giving general information resulting from inquiries by legal
consumers accounted for the highest frequency of other activity. Areas of practice for which the most
concerns were received are criminal, domestic, general civil, personal injuries and estates. There were 1,195
referrals to other entities such as fee dispute committees, lawyer referral services or to disciplinary counsel
when concerns could not be quickly resolved by mediation.
The ethics opinion service, implemented in 1980 as a proactive program to prevent ethical misconduct, has
resulted in 160 formal ethics opinions and 809 advisory opinions. Disciplinary Counsel have responded to
51,596 hotline phone inquiries from attorneys seeking ethical guidance, including 3,373 inquiries during the
past year. Disciplinary Counsel also participated in 50 bar-sponsored ethics seminars during the year, attended
by approximately 2,743 attorneys.
Attorneys are continuing to be proficient in the appropriate maintenance of trust accounts. There were 82
overdraft notices filed this year, representing a 71% decline in overdraft notices from 288 in 1995. The
overdraft notice program was implemented in 1994, requiring trust accounts to be maintained in financial
institutions which agree to report overdrafts to the Board. More than 300 banks are participating in the
program.
The Boardâs practice and professionalism enhancement program, implemented in 1997, has resulted in 231
attorneys completing Board-sponsored ethics workshops as an alternative to discipline (diversion), or in
connection with discipline concurrently imposed.
Tennessee attorneys have contributed $24.6 million in annual Court assessments to finance the Boardâs
programs, with no contributions from other sources. The annual attorney registration fees provided revenue in
FY 03-04 of $1,731,537. Additional revenues of $86,664 have been received from interest, reimbursement of
costs of disciplinary proceedings and prior fees and penalties, providing total Board revenue of $1,818,201.
Expenditures for the year were $1,881,426. The Board also collected and remitted an additional $327,300 this
year to the Supreme Courtâs Lawyer Assistance Program. In addition, $156,030, totaling $2.29 million since
1990, has been collected and remitted to the Courtâs Lawyersâ Fund for Client Protection.
REGISTRATION INFORMATIONµ DISCIPLINARY INFORMATIONµ
General Active Exempt Suspended Total DISCIPLINARY Number of Public Private Private Disability
PopulationÏ Attorneys Attorneys Attorneysκ Attorneys DISTRICTSλ Complaints Disbarments Suspensions Censures Reprimands Admonitions Inactive
2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003
750,371 886 865 81 72 46 45 1,013 982 I 69 107 0 0 1 2 2 1 0 2 3 7 1 0
II
378,172 455 438 49 46 19 19 523 503 Excluding Knox Co. 56 52 0 0 1 1 2 1 0 3 2 6 0 0
II
392,995 1,599 1,600 154 139 71 70 1,824 1,809 Knox County 130 89 0 0 0 3 1 0 6 6 2 6 2 0
III
305,617 245 246 26 25 9 7 280 278 Excluding Hamilton Co. 27 14 0 0 0 0 0 0 2 0 1 0 0 0
III
309,510 1,050 1,039 90 79 44 40 1,184 1,158 Hamilton County 44 36 0 0 0 0 3 3 0 2 0 2 0 0
815,043 939 898 102 100 42 40 1,083 1,038 IV 66 66 0 0 3 3 5 1 0 6 2 3 0 1
V
569,842 3,739 3,657 321 306 198 188 4,258 4,151 Davidson County 184 187 2 0 2 3 3 3 5 7 10 8 1 0
803,308 1,327 1,268 133 117 70 69 1,530 1,454 VI 69 102 2 1 1 0 1 3 1 7 7 7 2 2
335,580 460 448 42 42 22 22 524 512 VII 26 55 1 0 1 1 1 1 0 1 4 5 0 0
275,132 246 239 24 25 12 13 282 277 VIII 20 26 0 0 0 0 1 0 0 0 2 2 0 0
IX
906,178 3,112 3,026 316 291 229 226 3,657 3,543 Shelby County 220 224 2 1 5 4 5 6 5 10 17 33 0 0
2,813 2,764 838 794 745 679 4,396 4,237 Out of State 15 25 0 1 0 0 1 0 1 1 3 2 0 0
5,841,748 16,871 16,488 2,176 2,036 1,507 1,418 20,554 19,942 --- TOTALS --- 926 983 7 3 14 17 25 19 20 45 53 81 6 3
NOTES: NATURE OF COMPLAINTS: 2004 2003
ÏU.S. Bureau of the Census, 2003 estimated County Population for Tennessee Counties. TRUST VIOLATIONS:
Recordkeeping, Embezzlement, Conversion, Commingling 62 93
κThis total includes suspensions for: non-payment of fee (535), non-compliance with
CLE (327), disciplinary actions (137) and multiple suspensions (508). CONFLICT OF INTEREST:
Personal, As Public Official, Appearance of Impropriety,
65 58
λThe Disciplinary Districts contain the following counties pursuant to Rule 9(2): Business with Clients, Multiple Representation
District I - Johnson, Carter, Cocke, Greene, Hancock, Grainger, Jefferson, NEGLECT:
Sullivan, Washington, Unicoi, Hawkins, Claiborne, Hamblen and Sevier Counties. Preparation, Failure to Communicate, File, Appear or Perform 348 318
District II - Campbell, Anderson, Roane, Blount, Morgan, Union, Knox, MISREPRESENTATION OR FRAUD:
Loudon and Scott Counties. False Documents, Attestation, Statements, Failure to Clarify 83 62
District III - Polk, Hamilton, Sequatchie, Bledsoe, Meigs, Monroe, Bradley, RELATIONSHIP WITH CLIENT:
Marion, Grundy, Rhea and McMinn Counties. Limiting Liability, Discussing Confidence, Improper Withdrawal,
Not Releasing Documents, Extortion, Harassment, Failure to 264 305
District IV - White, Van Buren, Pickett, Putnam, Overton, Clay, Franklin, Protect Client's Interest
Moore, Bedford, Rutherford, Wilson, Trousdale, Warren, Fentress, Cumberland,
Smith, Jackson, Coffee, Lincoln, Marshall, Cannon, DeKalb and Macon Counties. FEES:
Overreaching, Excessive, Splitting Fee with Non-Lawyer,
24 34
District V - Davidson County. Improper Division, Failure to Refund, Improper Fee
District VI - Giles, Wayne, Lewis, Maury, Humphreys, Cheatham, Houston, IMPROPER COMMUNICATIONS:
Montgomery, Robertson, Lawrence, Perry, Hickman, Dickson, Stewart, Advertising, Solicitation, Trial Publicity, Contact with Witnesses,
59 79
Sumner and Williamson Counties. Officials, Jury, Opposing Party
District VII - Henry, Carroll, Henderson, Hardeman, Hardin, Benton, Chester, CRIMINAL CONVICTION:
Decatur, Fayette, McNairy and Madison Counties. Felony, Misdemeanor, Other 3 2
District VIII - Weakley, Lake, Gibson, Haywood, Tipton, Obion, Dyer, PERSONAL BEHAVIOR:
Crockett and Lauderdale Counties. Competence, Mental Disability, Aiding Unauthorized Practice,
18 32
Ineffective Assistance
District IX - Shelby County.
OTHER:
µPeriod for 2004 data is July 1, 2003 through June 30, 2004. Reciprocal Discipline, not available 0 0
Period for 2003 data is July 1, 2002 through June 30, 2003.
TOTAL FILES OPENED: 926 983
ALL ATTORNEYS ARE REQUIRED TO FILE WRITTEN NOTICE OF ANY CHANGE FRIVOLOUS MATTERS ADMINISTRATIVELY DISMISSED
IN RESIDENCE ADDRESS, OFFICE ADDRESS OR STATUS WITHIN 30 DAYS PURSUANT TO RULE 9(7.2)(c): 321 315
OF SUCH CHANGE AS REQUIRED BY SUPREME COURT RULE 9(20.5).
TOTAL MATTERS RECEIVED: 1,247 1,298
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