BOARD OF PROFESSIONAL RESPONSIBILITY (2014)
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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: MARK KELLY BRASWELL, BPR #15787
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 8, 2014
WASHINGTON D.C. LAWYER SUSPENDED
On December 27, 2013, the law license of Mark Kelley Braswell, of Washington, D.C., was suspended by the
Tennessee Supreme Court for a period of six (6) months, pursuant to Tennessee Supreme Court Rule 9, Section 4.2, and
thereafter, indefinitely until restitution in the amount of $40,000.00 is paid to Mr. Braswellâs former client. Mr.
Braswellâs suspension is retroactive to May 22, 2012, when he was temporarily suspended by the Tennessee Supreme
Court for failure to respond to the Board of Professional Responsibility concerning this complaint of misconduct. Upon
Mr. Braswellâs full compliance with the terms and conditions set forth in the Order of Enforcement, he will be reinstated
to the practice of law in Tennessee.
Mr. Braswell, along with retained co-counsel in Florida, represented a client in a Securities and Exchange
Commission civil matter filed in the Federal District Court in Tampa, Florida. Mr. Braswell did not appear at trial to
represent his client, leaving the matter to be handled by co-counsel. A judgment was entered against the client for
securities fraud. Following the entry of the judgment, Mr. Braswell accepted $40,000.00 from the client as a first, partial
payment of a fixed fee agreement to represent the client in an appeal of the case. Thereafter, Mr. Braswell failed to timely
file a brief, misled his client that the appeal brief had been filed and misled opposing counsel by implying a filed copy of
the appeal brief would be delivered by FedEx. Mr. Braswell contended that he did not make any such misleading
statements. The clientâs appeal was dismissed by the Court for Mr. Braswellâs failure to file the brief in accordance with
the rules of the United States Court of Appeals for the Eleventh Circuit. Mr. Braswell failed to provide the appropriate
legal services to his client, was not diligent in handling client matters, and failed to adequately communicate with his
client, co-counsel and opposing counsel. In mitigation, Mr. Braswell experienced serious health problems during the
representation and had no prior disciplinary record.
Mr. Braswell admits his guilt of violating Florida Rules of Professional Conduct 4-1.1(competence), 4-1.3
(diligence), 4-1.4 (communication), 4-1.5 (fees), 4-1.16 (declining or terminating representation), and 4-8.4(a)
(misconduct), and Tennessee Rule of Professional Conduct 8.1(b) (bar admission and disciplinary matters).
Mr. Braswell was further ordered to pay the expenses and costs of the disciplinary proceedings against him
pursuant to Rule 9, Section 24.3, of the Rules of the Supreme Court, and fully comply in all respects with the
requirements and obligations of suspended attorneys and the procedure for reinstatement as set forth in Rule 9, Sections
18 and 19, of the Rules of the Supreme Court.
Braswell 2179-0 rel2.doc
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