Neal R119 rel.PDF (2002)
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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730 WILLIAM W. HUNT, III
NASHVILLE, TENNESSEE 37217 CHARLES A. HIGH
LANCE B. BRACY TELEPHONE: (615) 361-7500 SANDY GARRETT
CHIEF DISCIPLINARY COUNSEL (800) 486-5714 JESSE D. JOSEPH
FAX: (615) 367-2480 JAMES A. VICK
LAURA L. CHASTAIN E-MAIL: ethics@tbpr.org THERESA M. COSTONIS
DEPUTY CHIEF DISCIPLINARY COUNSEL DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: JAMES T. NEAL, BPR #6838
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 28, 2002
CHATTANOOGA LAWYER REINSTATED TO THE PRACTICE OF LAW
On January 23, 2002 the Tennessee Supreme Court entered an order reinstating James T. Neal to the
practice of law subject to certain conditions.
On May 20, 1997 Nealâs law license was suspended for a period of three years and seven months.
Thereafter Neal filed a Petition for Reinstatement. On November 29, 2001 a hearing committee heard Nealâs
petition for reinstatement. The hearing committee found that Neal had proved by clear and convincing evidence
that his law license should be reinstated subject to the following conditions:
1. Neal shall not engage in a sole practice setting for a period of five years; during which he shall practice in a law
firm and have the supervision of the partners in that law firm, with that firm filing semi-annual reports to the
Board of Professional Responsibility regarding his progress and any problems he is having. If there is any
ethical violations by Neal the law firm must report such violations to the Board of Professional Responsibility
immediately; and,
2. Neal must self-report any problem of ethical violation that occurs; and
3. Neal must insure that all settlement checks or fee checks will be made in the name of the law firm as opposed
to being paid to him; that they be placed in a trust account of the firm and that he not have any control over
or signatory power on that account for a five (5) year period; and
4. Neal must obtain malpractice coverage in the amount of $1,000,000.00 with a copy provided to the Board of
Professional Responsibility; and
5. Neal shall be mentored by Jerry Summers, Jim Robinson and Max Bahner who shall submit an annual report
to the Board of Professional Responsibility, but if they believe any ethical or psychological problem is
occurring said mentors shall notify the Board of Professional Responsibility immediately; and,
6. Neal shall have completed 1.75 ethics hours and 10 general hours of CLE by December 31, 2001; and,
7. Neal shall continue seeing Dr. West or some other psychological professional with a Ph.D or above on a
monthly basis for a period of five (5) years, unless the mental health professional believes Neal needs
treatment on a basis of more than once a month then Neal shall submit to such treatment as is deemed
necessary by the mental health professional, with such professional sending a quarterly report to the Board of
Professional Responsibility of any problems that are existing so that Board of Professional Responsibility can
take appropriate monitoring actions. If Neal sees someone other than Dr. West he shall immediately notify
the Board of Professional Responsibility as to the person he is seeing; and
8. Neal shall waive the statute of limitations and submit to binding arbitration with Mr. Dennis Bailey within six
(6) months. He shall immediately notify Mr. Bailey by certified mail, return receipt requested, that he is willing
to submit to such binding arbitration. If the parties cannot agree, this needs to be stated in a letter. If they can
agree on an arbitrator then they shall proceed. If they cannot agree on an arbitrator they shall each send a
panel of three potential arbitratorsâ names to the Board of Professional Responsibility to be forwarded to this
Hearing Panel who will select the arbitrator. Neal shall pay all costs of the arbitration. The binding arbitration
shall be concluded by June, 2002; and
9. As to the Whittenton debt or possible indebtedness and the McMahan possible indebtedness, if there is a
judgment or settlement or an agreement at mediation then these two indebtednesses shall be paid by Neal in a
reasonably timely fashion; and
10. Neal shall pay the costs of the reinstatement proceeding.
The Court accepted and approved the order of the Hearing Panel and entered an order reinstating the law
license of James T. Neal subject to the above mentioned conditions.
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Neal R119 rel.doc