BOARD OF PROFESSIONAL RESPONSIBILITY (2005)
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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
RELEASE OF INFORMATION
EARLE J. SCHWARZ, BPR #007192
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
April 29, 2005
MEMPHIS LAWYER PUBLICLY CENSURED
On April 25, 2005, the Board of Professional Responsibility issued a Public
Censure to Earle J. Schwarz of Memphis. He did not request a hearing. A complaint was filed
against Schwarz based on a declaration filed by him in a habeas corpus action that Schwarz
willfully neglected his representation of his client. Schwarz neglected his clientâs legal matter in
a death penalty case and filed a declaration and subsequent habeas corpus proceeding setting
forth that:
(1) He was admitted pro hac vice in the State of Alabama;
(2) He represented his client from 1998-2003;
(3) He received notice that the Alabama Court of Criminal Appeals denied his
clientâs appeal in February, 2003;
(4) He did not notify his client of the denial of his appeal;
(5) He did not file a notice of appeal with the Alabama Supreme Court;
(6) He did not file a notice of withdrawal;
(7) After the Alabama Court of Criminal Appeals denied his clientâs appeal Schwarz
did not tell his client he was no longer representing him; and
(8) Schwarz did not inform his client that he would not file a notice of appeal in the
Alabama Supreme Court or pursue relief in federal court. Schwarz did not have
contact with his client after the appeal was denied.
The Board determined that Schwartzâ conduct violated Rules 1.1, 1.3, 1.16, and 8.4(a)(c)(d) of
the Tennessee Rules of Professional Conduct.
A Public Censure is a form of discipline that declares the conduct of the lawyer
improper but does not limit the lawyerâs right to practice law.
Schwartz 27660-9 rel.doc