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: ROY PATRICK NEUENSCHWANDER, BPR #921
CONTACT: ALAN JOHNSON
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
February 5, 2015
KNOX COUNTY LAWYER SUSPENDED
On February 2, 2015, Roy Patrick Neuenschwander, of Knoxville, Tennessee, was suspended from the
practice of law for eleven (11) months and twenty-nine (29) days by Order of the Tennessee Supreme Court.
The suspension is to be served on probation subject to the condition that Mr. Neuenschwander make monthly
payments of restitution, and attend a continuing legal education program on ethics which includes IOLTA and
trust account materials. Mr. Neuenschwander must pay the Boardâs costs and expenses and the court costs.
A Petition for Discipline was filed on April 16, 2013, that included one (1) complaint of misconduct.
After settling a personal injury case, Mr. Neuenschwanderâs client asked to keep her settlement proceeds in his
trust account until she could decide what to do with them. On two occasions, Mr. Neuenschwander asked if he
could borrow money from her settlement proceeds, and she agreed. Shortly after the loans, his client passed
away and Mr. Neuenschwander agreed to represent her son in connection with her estate. He then signed a
promissory note in which he agreed to re-pay the loan to the son. Mr. Neuenschwander did not advise either
client of a conflict of interest and the need to obtain independent legal advice, nor did he obtain the clientsâ
written, informed consent.
A Hearing Panel held that Mr. Neuenschwander violated RPC 1.7, (Conflicts of Interest: Current
Clients); 1.8(a) (3), (Conflicts of Interest: Prohibited Transactions); and 8.4, (Misconduct). The Circuit court
affirmed the Hearing Panel.
Mr. Neuenschwander must comply with the requirements of Tennessee Supreme Court Rule 9, Section
18 (2006) and Tennessee Supreme Court Rule 9, Section 30.4 (2014), regarding the obligations and
responsibilities of suspended attorneys. The effective date of the Courtâs Order is February 12, 2015.
Neuenschwander 2201-2 rel.doc