BOARD OF PROFESSIONAL RESPONSIBILITY (2007)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
1101 KERMIT DRIVE, SUITE 730
NASHVILLE, TENNESSEE 37217
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: ROBERT B. GAIA, #16695
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
September 10, 2007
FORMER MEMPHIS LAWYER CENSURED
Robert B. Gaia, formerly of Memphis and currently residing in Olive Branch, MS,
was publicly censured by the Board of Professional Responsibility on August 30, 2007. The censure
was issued by the Board pursuant to Rule 9, Section 8 of the Rules of the Tennessee Supreme
Court. Gaia did not request a hearing on the matter.
In one complaint filed against Gaia as appointed counsel, Gaia admitted he did not file an
application for permission to appeal to the Tennessee Supreme Court or move to withdraw in a timely
fashion before the Court of Criminal Appeals after the Courtâs decision affirming the trial courtâs
dismissal of the clientâs post-conviction petition. Gaia also failed to inform this client of the Court of
Criminal Appealâs adverse decision, as the client learned about it 4 months later from other sources.
In a second complaint, the Court of Criminal Appeals adjudged Gaia to be in willful contempt
for failing to file his brief after being granted 3 extensions of time over a 5 month period. Gaia also
failed for a 4 month period, to pay his costs to the Appellate Court Clerk in this matter, and only did so
after the Board received further correspondence from the Clerkâs office.
In these complaints, the Board found that Gaiaâs conduct was prejudicial to the administration
of justice, and that he did not move with reasonable diligence, communicate properly with his clients,
or properly withdraw as counsel.
Gaia 29833-30006-9 rel.doc
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