BOARD OF PROFESSIONAL RESPONSIBILITY (2009)
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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: MALCOLM LEONARD MCCUNE, BPR# 2660
CONTACT: PRESTON SHIPP
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
August 5, 2009
NASHVILLE LAWYER CENSURED
On August 5, 2009, Malcolm McCune, licensed in Tennessee, received a Public Censure from the Board
of Professional Responsibility of the Tennessee Supreme Court.
McCune was retained in 2004, to represent a Complainant in a medical malpractice case. One month
later, McCune transferred the case to an associate in his law firm without the Complainantâs permission.
McCune did not communicate with the Complainant or monitor the Complainantâs case, despite the fact that he
remained counsel of record. Also, McCune failed to advise the Complainant that in early 2007, the associate to
whom McCune transferred the case left McCuneâs firm and took the Complainantâs case with him. McCune
did not obtain the Complainantâs consent before allowing his case to leave the firm. As a result of the
associateâs negligent handling of the Complainantâs case, for which McCune was directly responsible as co-
counsel, the case was dismissed in mid-2007. In representing the Complainant, McCune did not act with
reasonable diligence, did not adequately communicate with the Complainant, and did not adequately supervise
the associate to whom he transferred the Complainantâs case.
Malcolm McCune, has violated Rules of Professional Conduct 1.3 (Diligence), 1.4 (Communication),
and 5.1 (Supervision), and is hereby Publically Censured for these violations. A Public Censure is a rebuke and
warning to the attorney, but it does not affect the attorneyâs ability to practice law.
McCune 30834-5 rel.doc
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