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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FA24: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: WINSTON BRADSHAW SITTON, BPR #018440
CONTACT: ALAN D. JOHNSON
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 22, 2021
DAVIDSON COUNTY LAWYER SUSPENDED
On January 22, 2021, Winston Bradshaw Sitton, an attorney licensed to practice law in Tennessee, was suspended
from the practice of law for four (4) years with one (1) year to be served as an active suspension and the remainder on
probation by Order of the Tennessee Supreme Court. The Court further ordered Mr. Sitton to pay costs and expenses
associated with the case.
On August 23, 2018, a Petition for Discipline was filed against Ms. Sitton concerning one complaint of
misconduct. Mr. Sitton posted a series of public Facebook posts in response to a friendâs inquiry about the legality of
carrying a weapon in her car. Mr. Sitton was aware that the friend had a very contentious and allegedly abusive
relationship with the father of her child. In a series of Facebook posts responding to the question, Mr. Sitton told her that
it was better to get a âtaserâ or âtear gas.â If she were to get a shotgun, he said, she should first fill it with rock salt, then
bird shot, and then âload for bear.â
Mr. Sitton next posted: If you want to kill him, then lure him into your house and claim he broke in with intent to
do you bodily harm and that you feared for your life. Even with the new stand your ground law, the castle doctrine is a far
safer basis for use of deadly force.
Replying to Mr. Sittonâs post, his Facebook friend commented, âI wish he would try.â Mr. Sitton then posted: As
a lawyer, I advise you to keep mum about this if you are remotely serious. Delete this thread and keep quiet. Your
defense is that you are afraid for your life â revenge or premeditation of any sort will be used against you at trial.
A hearing panel found that Mr. Sitton violated Tennessee Rules of Professional Conduct 8.4(a) and (d),
misconduct, and recommended that he be suspended from the practice of law for sixty (60) days.
The Tennessee Supreme Court exercised its discretion to review the discipline. Following a review of the record,
the Court observed that practicing law is a privilege and lawyers in any setting â including on social media â are bound
by the ethics rules. The Court held that had Mr. Sittonâs advice been followed, it could have led to a disastrous outcome
and encouraging the Facebook friend to make premeditated use of force appear as self-defense was âgrave misconduct.â
Finally, the Court held that posting his bad advice publicly fostered a cynical perception that the judicial process is
corrupt, and lawyers are co-conspirators who help clients manufacture fake defenses against criminal charges. Based on
the Courtâs review, the hearing panelâs proposed sanction of a sixty (60) day suspension was increased to a suspension of
four (4) years with one (1) year to be served as an active suspension and the remainder on probation. Mr. Sitton must
comply with Tennessee Supreme Court Rule 9, Section 28 regarding the obligations and responsibilities of suspended
attorneys and may not return to the active practice of law until an order of reinstatement has been entered by the Supreme
Court.
Justice Holly Kirby authored the majority opinion for the Court and Justice Sharon Lee filed a separate opinion
concurring in the increase in the sanction.