BOARD OF PROFESSIONAL RESPONSIBILITY (2015)

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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
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org

RELEASE OF INFORMATION
RE: JAY R. SLOBEY, BPR #5398
CONTACT: EILEEN BURKHALTER SMITH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

April 22, 2015

DAVIDSON COUNTY LAWYER CENSURED

On April 20, 2015, Jay R. Slobey, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

A client hired Mr. Slobey to represent him in a federal case for violation of his rights, and Mr. Slobey
filed the lawsuit. The defendant, thereafter, filed a motion to dismiss. Mr. Slobey asked opposing counsel for
an extension of time to file a response to the motion. Opposing counsel agreed to a one-week extension of time.
Mr. Slobey then filed a motion mistakenly stating that opposing counsel did not oppose a three-week extension
of time. Opposing counsel immediately sent a letter to Mr. Slobey pointing out the error, and asking Mr.
Slobey to comply with the agreement to file in one week. The court, however, granted Mr. Slobey’s pending
motion, providing a three-week extension. Opposing counsel then sought relief from the court. Mr. Slobey
filed no response to the motion at any time. The motion to dismiss was granted.

Mr. Slobey never informed his client of the dismissal of the action. The client later discovered the
dismissal when the client called the court. The client filed a civil malpractice action against Mr. Slobey which
was settled.

By these acts, Mr. Slobey violated Rule 1.3 (diligence), 1.4 (communication), 3.2 (expediting litigation),
3.3 (candor to the tribunal), and 3.4 (fairness to opposing counsel). The client suffered harm, but also received
a settlement in the legal malpractice action.

A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to
practice law.
Slobey 36057-5 rel.doc

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