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
Website: www.tbpr.org
RELEASE OF INFORMATION
IN RE: C. LEANN SMITH, BPR #18899
CONTACT: CHARLES A. HIGH
BOARD OF PROFESSIONAL RESPONSIBILITY
(615) 695-0929, ext. 203
December 28, 2005
NASHVILLE ATTORNEY CENSURED
C. LeAnn Smith, a Nashville attorney, received a public censure by the Board of
Professional Responsibility on December 27, 2005. The Board considered the matter at its
regular meeting and determined that a public censure was appropriate discipline in the matter.
Notice of the proposed censure was mailed to the attorney pursuant to Tennessee Supreme Court
Rule 9, section 8.1. No objection was filed by the attorney within the time set by the rule and the
censure is now final.
Ms. Smith failed to file a timely notice of appeal for her client in a criminal case.
On February 4, 2004, Smith filed a motion to be allowed to file a late notice of appeal. On
February 25, 2004, the Court of Criminal Appeals entered an order allowing ten days to file a
notice of appeal. No notice of appeal was filed within the ten day period. Subsequent
proceedings were not successful in reinstating the right of appeal. The client lost an appeal of
right as a result of the failure to timely file a notice.
The Board of Professional Responsibility found that Ms. Smith violated RPC 1.1
[duty of competent representation]; RPC 1.3 [duty of diligence and promptness]; RPC 1.4 [client
communication] and, RPC 8.4(d) [conduct prejudicial to the administration of justice.]
A public censure is a form of public discipline that declares the conduct of the
lawyer to be improper but does not limit the lawyerâs right to practice law. The Rules of
Professional Conduct are mandatory and they state a minimum level of acceptable conduct.
Smith 27104-5 rel.doc
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