BOARD OF PROFESSIONAL RESPONSIBILITY (2008)

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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: RICHARD D. CARTWRIGHT, #11242
CONTACT: KRISANN HODGES
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

November 26, 2008
COVINGTON LAWYER SUSPENDED
On November 25, 2008, Richard D. Cartwright, of Covington, Tennessee, was suspended from the practice of law
for a total of three years with the first year served as an active suspension followed by two years of probation. Mr.
Cartwright must pay restitution to three complainants. Further, he must remain in compliance with the Tennessee
Lawyers Assistance Program throughout the suspension and probationary periods. The suspension shall become effective
on December 5, 2008.
The Board of Professional Responsibility filed two Petitions for Discipline against Mr. Cartwright pursuant to
Rule 9 of the Rules of the Supreme Court of Tennessee. Mr. Cartwright entered a Conditional Guilty Plea which was
accepted and approved by a Hearing Panel. Mr. Cartwright represented his wife in a lawsuit in which he failed to respond
to multiple discovery requests resulting in discovery sanctions and a judgment against Mr. Cartwright. A summary
judgment was also granted against Mr. Cartwright’s client due to his failure to file a response to the summary judgment or
appear at the final hearing. Further, Mr. Cartwright failed to timely prepare pleadings for a client after taking a fee to do
so. Mr. Cartwright failed to respond to his client’s inquiries in a timely manner, mailed incorrect paperwork to opposing
counsel, and failed to complete an adoption by the date agreed upon when he was retained by the client. Lastly, Mr.
Cartwright failed to competently represent a client in a bankruptcy matter by filing the wrong pleading. Mr. Cartwright
also misplaced a money order provided by the client to pay the trustee and the client’s case was thereafter dismissed for
failure to pay.
Mr. Cartwright’s actions violate the following Disciplinary Rules and Rules of Professional Conduct: DR 1-102,
Misconduct; DR 5-101, Refusing Employment When Interests of Lawyer May Impair Independent Professional
Judgment; DR 6-101, Failing to Act Competently; DR 7-101, Representing a Client Zealously; DR 7-102, Representing a
Client Within the Bounds of the Law; DR 9-102, Preserving the Identity of Funds of the Client; RPC 1.3, Diligence; 1.4,
Communication; 1.7, Conflict of Interest – General Rule; 1.15, Safekeeping Property; 3.1, Meritorious Claims and
Contentions; 3.4, Fairness to Opposing Party and Counsel; 4.4, Respect for the Rights of Third Persons; 5.1,
Responsibilities of a Partner, Managing Lawyer or Supervisory Lawyer; and 8.4, Misconduct.
Mr. Cartwright must comply with Section 18 of Rule 9, Rules of the Supreme Court, regarding the obligations
and responsibilities of suspended attorneys.

Cartwright 1619-1671-8 rel.doc

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