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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
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: HERBERT SANFORD MONCIER, BPR #001910
CONTACT: DIANE M. NISBET
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 31, 2022
KNOX COUNTY LAWYER CENSURED
On October 31, 2022, Herbert Sanford Moncier, an attorney licensed to practice law in Tennessee,
received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Moncier brought a qui tam false claims action on behalf of a client for recovery of funds for Knox
County, Tennessee. If the lawsuit was successful, the client would share in any recovery, and Mr. Moncier
would receive attorney fees. The client also had a federal suit against Knox County alleging employment
violations. Mr. Moncier did not represent the client in the federal suit, which was ordered to mediation. At
mediation, the client entered into a monetary settlement of the federal lawsuit. As part of the settlement, the
client agreed to dismiss with prejudice the state false claims action. Mr. Moncier opposed his clientâs decision
to settle that state false claims action. He argued in opposition to the settlement agreement and the dismissal
with prejudice. The state court dismissed the clientâs false claims action with prejudice.
After the conclusion of the representation, Mr. Moncier filed a second qui tam suit in state court on his
own behalf complaining of false claims allegedly made by his former client, Knox County officials, and the
former clientâs attorneys in settling the first state false claims action. The second false claims action was
substantially related to the first false claims action. Mr. Moncier acted as his own attorney in the second false
claims action and had a personal interest in the second false claims action. Mr. Moncier initially named his
former client as a defendant in the second false claims action, but then he voluntarily withdrew the complaint
against his former client. The court entered an order disqualifying Mr. Moncier from representing the interests
of Knox County in the second false claims action. The court ordered Mr. Moncier to retain successor counsel in
the second false claims action. Mr. Moncier failed to comply with the trial courtâs order prohibiting him from
representing himself and requiring him to obtain successor counsel. Mr. Moncier filed pleadings to alter or
amend the orders disqualifying him and requiring him to retain successor counsel. The court dismissed the
second false claims action.
By these acts, Mr. Moncier, has violated Rules of Professional Conduct 1.2(a) (scope of representation
and allocation of authority between client and lawyer), 1.3 (diligence), 1.7 (conflict of interest: current clients),
1.9 (duties to former clients), 3.1 (meritorious claims and contentions), 3.4(c) (fairness to opposing party and
counsel), and 8.4(g) (misconduct) and is hereby Publicly Censured for this violation.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Moncier 65783-2 rel.doc