annualreport25th.pdf (2001)
Note: This document was published in 2001. Information in older documents may not reflect current board procedures or policies.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (annualreport25th.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
TWENTY-FIFTH ANNUAL REPORT
November 1, 2000 thru October 31, 2001
Tennessee ranks 16th in the number of public sanctions issued according to a nationwide American Bar
Association survey of 56 disciplinary agencies. In addition, the recently released ABA survey for the year
1999 reveals that Tennessee ranks 22nd out of 56 in the number of complaints filed, 14th in the number of
lawyers formally charged and 12th in the number of private sanctions. In the area of funding, Tennessee ranks
27th out of the 56 jurisdictions surveyed. The per capita rankings of 22nd in complaints filed, 14th in formal
charges, 16th in public sanctions and 27th in funding confirms the performance audit of the State Comptroller,
Division of Audit, in May, 2000 that the operations of the Board...are efficient, effective, and are achieving the
results desired by the Tennessee Supreme Court.
Tennessee attorneys have contributed $17.9 million in annual Court assessments to finance the program, with
no contributions from other sources. In 2001, the annual attorney registration fees provided revenue of
$1,413,715. Additional revenues of $111,418 have been received from interest, reimbursement of costs of
disciplinary proceedings and prior fees and penalties, providing total Board revenue in 2001 of $1,525,133.
Expenditures for 2001 are projected to be $1,785,100. The Board also collected and remitted an additional
$157, 390t ot heSupr emeCo urtâsLa wy erAs s
istanc ePr og ram;a nda na dditional$148, 690,totaling $1.68
mi l
lions ince1990,t ot heCo urtâ
sLa wy ersâFundf o rCl ientProt ecti
o n.
The Board has received 30,773 complaints during the past twenty-five years, resulting in 132 disbarments, 320
suspensions, 355 public censures and 2,265 private reprimands or admonitions. There were 1,397 files opened
during the past year. This is a decrease of 6.8% over the same period last year when 1,499 files were opened.
The nature of the files created and areas from which they arose during the past two years are shown on the
reverse of this page.
The ethics opinion service, implemented in 1980 as a proactive program to prevent ethical misconduct, has
resulted in 154 formal ethics opinions and 754 advisory opinions. Disciplinary Counsel have responded to
39,068 hotline phone inquiries from attorneys seeking ethical guidance, including 3,567 inquiries during the
past year. Disciplinary Counsel also participated in 43 bar sponsored ethics seminars this year attended by
approximately 3,325 attorneys.
Attorneys are continuing to become more proficient in the appropriate maintenance of trust accounts, as
evidenced by a 85% decline in overdraft notices from 288 in 1995 to 43 in 2001. The overdraft notice
program was implemented in 1994, requiring trust accounts to be maintained in financial institutions which
agree to report overdrafts to the Board. More than 300 banks are participating in the program.
The Board's practice and professionalism enhancement program was implemented in 1997. One hundred
eighty-five attorneys have completed Board sponsored ethics workshops as an alternative to discipline
(diversion), or in connection with discipline concurrently imposed.
REGISTRATION INFORMATIONm DISCIPLINARY INFORMATIONm
General Active Exempt Suspended Total DISCIPLINARY Number of Public Private Private Disability
Populationj Attorneys Attorneys Attorneysk Attorneys DISTRICTSl Complaints Disbarments Suspensions Censures Reprimands Admonitions Inactive
2000 2001 2000 2001 2000 2001 2000 2001 2000 2001 2000 2001 2000 2001 2000 2001 2000 2001 2000 2001 2000 2001
733,090 842 845 72 72 44 40 958 957 I 108 110 1 0 1 0 2 2 6 4 5 7 1 0
II
366,695 418 424 38 44 19 21 475 489 Excluding Knox Co. 67 46 0 1 1 0 0 1 0 1 2 3 0 0
II
382,032 1,510 1,552 120 122 63 62 1,693 1,736 Knox County 147 136 0 0 1 0 1 2 0 0 12 6 1 0
III
297,322 245 242 19 20 4 4 268 266 Excluding Hamilton Co. 44 26 0 0 0 0 0 0 1 2 1 1 0 0
III
307,896 1,010 1,016 83 77 35 37 1,128 1,130 Hamilton County 83 81 0 0 0 1 1 2 1 2 3 2 0 0
771,806 856 882 85 82 33 34 974 998 IV 115 103 0 1 0 2 2 1 2 5 5 1 0 0
V
569,891 3,443 3,553 295 279 176 172 3,914 4,004 Davidson County 265 268 3 0 4 3 5 6 4 9 14 10 3 0
760,749 1,129 1,190 109 106 55 60 1,293 1,356 VI 126 97 0 0 4 1 3 2 2 2 12 5 0 0
328,899 412 415 38 37 17 18 467 470 VII 58 81 1 0 0 0 1 0 1 3 2 5 0 0
273,431 238 234 25 26 11 10 274 270 VIII 29 27 0 0 1 0 2 0 0 0 2 3 0 0
IX
897,472 2,953 3,001 271 268 194 198 3,418 3,467 Shelby County 434 396 5 5 2 6 7 7 6 10 19 11 1 2
2,429 2,604 703 747 573 598 3,705 3,949 Out of State 23 26 1 1 1 2 0 3 0 0 0 1 0 0
5,689,283 15,485 15,958 1,858 1,880 1,224 1,254 18,567 19,092 --- TOTALS --- 1,499 1,397 11 8 15 15 24 26 23 38 77 55 6 2
NOTES: NATURE OF COMPLAINTS: 2000 2001
jU.S. Bureau of the Census, 2000 estimated County Population for Tennessee Counties. TRUST VIOLATIONS:
Recordkeeping, Embezzlement, Conversion, Commingling 97 102
kThis total includes suspensions for: non-payment of fee (625), non-compliance with
CLE (169), disciplinary actions (162) and multiple suspensions (298). CONFLICT OF INTEREST:
Personal, As Public Official, Appearance of Impropriety,
60 67
lThe Disciplinary Districts contain the following counties pursuant to Rule 9(2): Business with Clients, Multiple Representation
District I - Johnson, Carter, Cocke, Greene, Hancock, Grainger, Jefferson, NEGLECT:
Sullivan, Washington, Unicoi, Hawkins, Claiborne, Hamblen and Sevier Counties. Preparation, Failure to Communicate, File, Appear or Perform 630 579
District II - Campbell, Anderson, Roane, Blount, Morgan, Union, Knox, MISREPRESENTATION OR FRAUD:
Loudon and Scott Counties. False Documents, Attestation, Statements, Failure to Clarify 106 99
District III - Polk, Hamilton, Sequatchie, Bledsoe, Meigs, Monroe, Bradley, RELATIONSHIP WITH CLIENT:
Marion, Grundy, Rhea and McMinn Counties. Limiting Liability, Discussing Confidence, Improper Withdrawal,
Not Releasing Documents, Extortion, Harassment, Failure to 375 357
District IV - White, Van Buren, Pickett, Putnam, Overton, Clay, Franklin, Protect Client's Interest
Moore, Bedford, Rutherford, Wilson, Trousdale, Warren, Fentress, Cumberland,
Smith, Jackson, Coffee, Lincoln, Marshall, Cannon, DeKalb and Macon Counties. FEES:
Overreaching, Excessive, Splitting Fee with Non-Lawyer,
61 73
District V - Davidson County. Improper Division, Failure to Refund, Improper Fee
District VI - Giles, Wayne, Lewis, Maury, Humphreys, Cheatham, Houston, IMPROPER COMMUNICATIONS:
Montgomery, Robertson, Lawrence, Perry, Hickman, Dickson, Stewart, Advertising, Solicitation, Trial Publicity, Contact with Witnesses,
141 100
Sumner and Williamson Counties. Officials, Jury, Opposing Party
District VII - Henry, Carroll, Henderson, Hardeman, Hardin, Benton, Chester, CRIMINAL CONVICTION:
Decatur, Fayette, McNairy and Madison Counties. Felony, Misdemeanor, Other 5 4
District VIII - Weakley, Lake, Gibson, Haywood, Tipton, Obion, Dyer, PERSONAL BEHAVIOR:
Crockett and Lauderdale Counties. Competence, Mental Disability, Aiding Unauthorized Practice,
20 16
Ineffective Assistance
District IX - Shelby County.
OTHER:
mTwelve month period from November 1 of previous year thru October 31 of applicable year. Reciprocal Discipline, not available 4 0
TOTAL FILES OPENED: 1,499 1,397
ALL ATTORNEYS ARE REQUIRED TO FILE WRITTEN NOTICE OF ANY CHANGE FRIVOLOUS MATTERS ADMINISTRATIVELY DISMISSED
IN RESIDENCE ADDRESS, OFFICE ADDRESS OR STATUS WITHIN 30 DAYS PURSUANT TO RULE 9(7.2)(c): 418 399
OF SUCH CHANGE AS REQUIRED BY SUPREME COURT RULE 9(20.5).
TOTAL MATTERS RECEIVED: 1,917 1,796
Document Meta Data
| Key | Value |
|---|---|
| Author | Joe |
| Creator | Microsoft Word - TWENTYFIFTH ANNUAL REPORTNovember 1.wpd |
| ModifyDate | Friday, December 16, 2005 11:20 PM +00:00 |
| PageCount | 2 |
| PDFVersion | 1.4 |
| Title | Microsoft Word - TWENTYFIFTH ANNUAL REPORTNovember 1.wpd |
| Key | Value |
|---|---|
| CreateDate | Saturday, December 17, 2005 11:19 PM +00:00 |
| FileName | annualreport25th.pdf |
| FileSize | 75 kB |
| FileType | |
| FileTypeExtension | |
| Linearized | No |
| MIMEType | application/pdf |
| PageMode | UseNone |
| Producer | ScanSoft PDF Create! 2 |
| SourceFile | annualreport25th.pdf |