BOARD OF PROFESSIONAL RESPONSIBILITY (2016)
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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: LINDA KAYE KENDALL GARNER, BPR #13573
CONTACT: RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
June 16, 2016
SHELBY COUNTY LAWYER SUSPENDED
Effective June 15, 2016, Linda Kaye Kendall Garner, of Memphis, Tennessee, was suspended from the
practice of law by Order of the Tennessee Supreme Court for one (1) year, with thirty (30) days to be served as
active suspension and the remainder on probation. Upon successful completion of her active suspension period
and the entry of an order of reinstatement by the Supreme Court, Ms. Garner may resume the practice of law.
Ms. Garner must pay the costs and expenses of the Board and court costs within ninety days of the entry of the
Order of Enforcement.
Ms. Garner was retained to prosecute a defamation case and during the representation, failed to file an
appropriate pleading in opposition to a motion for summary judgment. After the court granted summary
judgment to the defendant, Ms. Garner filed a timely motion to set aside and a proposed response to the motion
for summary judgment. However, Ms. Garner failed to set her motion to be timely heard and, pursuant to
Arkansas law, the motion was deemed denied, and the trial court lost jurisdiction to address the dismissal. Ms.
Garner filed a timely appeal which was denied. In an unrelated matter, Ms. Garner used her trust account
improperly to pay for personal and business expenses over a period of two years.
Ms. Garnerâs actions violated Rules of Professional Conduct 1.1 (competence), 1.3 (diligence), 1.15
(safekeeping property and funds), and 8.4(a) (misconduct).
Ms. Garner must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and
30, regarding the obligations and responsibilities of suspended attorneys.
Garner 2513-9 rel.doc