BOARD OF PROFESSIONAL RESPONSIBILITY (2004)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367-2480 THERESA M. COSTONIS
BEVERLY P. SHARPE DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR E-MAIL: ethics@tbpr.org
RELEASE OF INFORMATION
RE: ROBERT D. BENSON, BPR #97
CONTACT: SANDY GARRETT
BOARD OF PROFESSONAL RESPONSIBILITY
615-361-7500
March 17, 2004
FORMER BRENTWOOD ATTORNEY DISBARRED
On March 15, 2004, the Supreme Court of Tennessee entered an Order disbarring attorney
Robert D. Benson.
On June 3, 2004, the Supreme Court of Tennessee temporarily suspended Benson from the
practice of law, based upon Bensonâs threat of irreparable harm to the public.
The Board of Professional Responsibility filed a petition for discipline against Benson on
June 26, 2003. Benson failed to answer this petition for discipline and on October 9, 2003, a
hearing panel entered an order granting the Board of Professional Responsibilityâs Motion for
Default and deemed admitted all of the charges against Benson. In part, the haring panel found
the respondent endorsed a $313,657.68 check payable to the bankruptcy estate of a client of
Bensonâs. Benson endorsed this $313,657.68 check as attorney for Bensonâs client and the
Bankruptcy Trustee. Benson did not have the Bankruptcy Trusteeâs authority to endorse his
signature and did not have authority to represent the Trustee with regard to these funds. On June
27, 2002, the Bankruptcy Court entered an Order requiring Benson to turn over these funds.
Benson failed to comply with the Bankruptcy Court Order. On November 18, 2002, the
Bankruptcy Court entered an Order finding Benson in contempt based upon Bensonâs failure to
turn over this property to the Bankruptcy Trustee. The hearing panel also found that Benson
represented a different client who paid him a $20,000 retainer. Five thousand of the $20,000
paid by the client was to be forwarded by Benson to Georgia Counsel for the clientâs defense.
Benson failed to remit this $5,000 to the Georgia Counsel. The client also paid Benson $3,000
for cost. Benson incurred cost totaling $862.80 but failed to refund any of the remaining balance
to the client. Benson abandoned his practice and this client was unable to reach him. Benson
failed to refund any of this retainer to this client. On March 15, 2004, the Supreme Court
disbarred Benson. The Supreme Court further ordered that Benson must make restitution to
complainants with judgment of valid claims against Benson.
Bensonâs disciplinary case was conducted pursuant to Supreme Court Rules 8 and 9. In
Tennessee disbarred lawyers may after five years apply for reinstatement of their law licenses.
To be reinstated, they must show by clear and convincing evidence that their reinstatement will
not be detrimental to the integrity and standing of the bar or administration of justice or
subversive to the publicâs interest.
SG:mw
Benson 1379 rel.doc