BOARD OF PROFESSIONAL RESPONSIBILITY (2012)
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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
JOSEPH T. KIRKLAND, JR., BPR #7503
CONTACT: RACHEL L. WATERHOUSE
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
July 18, 2012
MEMPHIS LAWYER SUSPENDED
On July 13, 2012, Joseph T. Kirkland, Jr., of Memphis, Tennessee, was suspended by the Tennessee
Supreme Court for one (1) year, consisting of ninety (90) days active suspension and the remainder on
probation, pursuant to Supreme Court Rule 9, Section 4.2. The suspension will become effective on July 23,
2012.
On June 15, 2011, the Board of Professional Responsibility filed a Petition for Discipline against Mr.
Kirkland, pursuant to Supreme Court Rule 9. Mr. Kirkland submitted a Conditional Guilty Plea that was
approved by the Hearing Panel, the Board and the Supreme Court. Mr. Kirkland violated the Rules of
Professional Conduct by using previously disbursed and unclaimed funds belonging to third persons from his
trust account to pay for operating expenses of his law firm. The unclaimed funds related to real estate
transactions. Mr. Kirkland voluntarily reported his actions to the Board. All funds were replaced in the trust
account and then properly disbursed, resulting in no financial loss to the third persons. Mr. Kirklandâs actions
violated Rules of Professional Conduct 1.15 (Safekeeping Property and Funds) and 8.4(Misconduct).
Mr. Kirkland was further ordered to engage a practice monitor during the probationary period who will
review and monitor his office practices. Mr. Kirkland must pay the expenses and costs of the disciplinary
proceedings against him, pursuant to Supreme Court Rule 9, Section 24.3, and fully comply in all respects with
the requirements and obligations of suspended attorneys as set forth in Supreme Court Rule 9, Section 18.
Kirkland 2054-9 rel.doc
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