darby-40750.pdf (2016)

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IN DISCIPLINARY DISTRICT I
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

IN RE: Richard Dale Darby, Respondent, FILE NO. 40â750-l-KB
BPR No. 28787, an attorney licensed
to practice law in Tennessee
(Hamblen County)

PUBLIC CENSURE

The above complaint was ï¬led against Richard Dale Darby, an attorney licensed to practice law in

Tennessee, alleging certain acts of misconduct. Pursuant to Tenn. Sup. Ct R. 9, the Board of Professional

Responsibility considered these matters at its meeting on June 10, 2016.

Mr. Darby modiï¬ed an existing fee agreement from an hourly fee to a ï¬at non-refundable fee without

obtaining a written agreement signed by his client, Alicia Fair. Mr, Darby failed to deposit the unearned fee

into his trust account and failed to promptly refund unearned fees after be terminated the representation. Mr.

Darby also created a conflict of interest by suing Ms. Fair prior to formally withdrawing from the

representation.