thompson-33296-33228.pdf (2010)

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IN DISCIPLINARY DISTRICTV 231! ititHi PM 32 9{1
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY 3
oneIFPUIISIBIU
at Ftfitti-Wett-
ITY
OF THE “Emil. SEC-W
SUPREME COURT OF TENNESSEE New '

IN RE: GEORGE H. THOMPSON, III, BPR NO. 3 024 FILE NOS. 33228~S~RW
Respondent, an attorney licensed 3329606an
to practice law in Tennessee
(Davidson County)

PUBLIC CENSURE

The above complaints were filed against George H. Thompson, an attorney licensed to

practice law in Tennessee, alleging certain acts of misconduct. Pursuant to Supreme Court Rule .9,

the Board of Professional Responsibility considered these matters at its meeting on December 10,

2010.

In the first complaint, the client retained Respondent in October 2009 for a probate matter

and. paid him $1900. Thereafter, Respondent failed to return the client’s telephone calls or reply to a

certified letter with his complaints. As a result, the client obtained other counsel.

In the second complaint, the client retained Respondent in April 2009 for a medical

malpractice action arising out ofa September 27, 2008 surgery. On September 9, 2009, Respondent

sent letters to the potential health care provider defendants giving them statutory notice of a potential

claim. In the letters, Respondent requested the docr.1nient(s)l the client signed consenting to the

removal of his colon. When Respondent received. the consent forms and spoke with the insurance

carrier representative, Respondent explained to the client that it was his opinion that the claim did

not have merit and he would not pursue it. However, Respondent did not mention the statute of
limitations. Respondent wrote the client a March 26, 2010, letter explaining the status of his

research and declining the case, but again he did not mention the statute of limitations. When he

accepted the casein April 2009, Respondent should have known the statute of limitations deadline

was on or about September 27, 200.9. Respondent’s letter to the potential defendants extended the

statute date by four months, which would have been approximately January 27, Bolt). Respondent

sent the client a March 26, 2010, letter declining the case approximately two months after the statute

of limitations ran. Respondent’s actions foreclosed the client’s right to find another lawyer before

the running ot‘the statute and his claim was lost. Respondent has past disciplinaiy history for similar

conduct recited herein.

By the aforementioned facts, George H. Thompson, has violated Rules of Professional

Conduct 1 .1 (competence), 1 .3 (diligence) and 1.4 (communication) and is hereby Publicly Censured

for these violations.

FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY

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Lela]M. Hollabaugh, Ciliair

Jamaal/by AB, 90H
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