kelly-57882c-5-and-70518c-5-public-censure.pdf (2023)
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IN DISCIPLINARY DISTRICT V
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
IN RE: KEVIN MCLEAN KELLY, #027345 FILE NO.: 57882c-5-SB and
Respondent, an attorney licensed 70518c-5-SB
to practice law in Tennessee
(Davidson County)
______________________________________________________________________________
PUBLIC CENSURE
______________________________________________________________________________
The above complaints were filed against Kevin McLean Kelly, #027345, an attorney
licensed to practice law in Tennessee, alleging certain acts of misconduct. Pursuant to Tenn. Sup.
Ct. R. 9, the Board of Professional Responsibility considered these matters at its meeting on June
9, 2023.
In the first complaint, Mr. Kelly failed to adequately communicate with his client. Mr.
Kelly failed to stay abreast of the Tennessee Court of Criminal Appeals opinion issued on
November 30, 2020, failed to apprise his client of the same, and failed to preserve his clientâs right
to appeal. Mr. Kelly also did not timely withdraw from the representation, which would have
allowed his client to retain new appellate counsel or proceed pro se.
In the second complaint, Mr. Kelly failed to adequately communicate with his client. Mr.
Kelly also failed to withdraw from the representation after being discharged by the client.
By these acts, Mr. Kelly has violated Rule of Professional Conduct 1.3 (diligence); 1.4
(communication); 1.16 (terminating representation); and 3.2 (expediting litigation) and is hereby
Publicly Censured for these violations.
FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY
_______________________________
Jennifer S. Hagerman, Chair
July 24, 2023
_______________________________
Date