craft-36113-7-and-37225-5-public-censure.pdf (2014)
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IN DISCIPLINARY DISTRICT VI
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
IN RE: Perry Alan Craft, BPR N0. 6056 FILE NO. 36113~6-ES(B), 37225~5~ES
Respondent, an attorney licensed
to practice law in Tennessee
(Williamson County)
PUBLIC CENSURE
The above complaints were ï¬led against Mr. Craft, an attorney licensed to practice law in
Tennessee, alleging certain acts of misconduct. Pursuant to Tom. Sup. Ct. R. 9, the Board of
Professional Responsibility considered these matters at its meeting on September 19, 2014.
Mr. Ci'att was a named partner in a two-partner law ï¬rm. Mr. Craft had authority to write
checks from the ï¬rmâs trust account, but Mr. Craft was not involved in the daily operation of the
trust account. Mr. Craft represented a client in a medical malpractice lawsuit who settled her claim
against one of the defendants in June 2009. After multiple requests to the law ï¬rm, the client
received a partial payment of the settlement funds in December 2009. After substantial flu'ther
litigation by Mr. Craftâs ï¬rm at trial and on appeal, the client hired a new attorney in July 2013,
and the remaining settlement funds were transfen'ed to the new attorney. The clientâs funds were
not maintained in the ï¬rm trust account for the duration of the representation.
In the representation of another client, Mr. Craftâs law ï¬rm received a settlement for the
client in 2009. In February 2010, Mr. Craft negotiated a reduction of one of the clientâs medical
bills. In August 2013," Mr. Craft was asked by his law partner to negotiate a further reduction in
the same medical bill, which had not been paid. Mr. Craft also spoke with an expert witness who
did not timely receive funds to which he was entitled on the matter. The funds were not paid to
the third parties and Were not maintained in the ï¬lm's trust account.
In another client matter, the ï¬rm received a clientâs settlement on February 15, 2011. A
dispute arose with the client about the ï¬lmâs fee. The dispute was resolved in October 2013. The
funds owed to the client were not maintained in the ï¬rmâs trust account for the duration of the
dispute.
Funds in these matters were not maintained in the ï¬rmâs trust account in accordance with
Rule of Professional Conduct 1.15 (safekeeping funds). Mr. Craft did not remove or receive the
funds ï¬om the trust account. By the aforementioned acts, Mr. Craï¬ has violated Rule of
Professional Conduct 5.1 (responsibilities of partners) and is hereby Publicly Censured for this
violation.
FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY
/
J ussell Parkes, Chair
(9/51 [1!
Date /