Patty 1130 rel.PDF (2002)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367- 2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: HUBERT DAVID PATTY, NO. 786
CONTACT: JAMES A. VICK
BOARD OF PROFESSIONAL RESPONSIBILITY
November 20, 2002
MARYVILLE LAWYER SUSPENDED
Hubert David Patty, a Maryville lawyer, was suspended from the practice of law by
Judgment of the Supreme Court of Tennessee entered November 1, 2002.
A Petition for Discipline was filed against Mr. Patty by the Board of Professional
Responsibility on November 3, 1999, arising out of two complaints of misconduct. In the first
complaint, a trial court had found Mr. Patty in contempt of court. As a condition for permitting
Mr. Patty to substitute as counsel for a criminal defendant, Mr. Patty agreed to and entered into
an agreed order to go to trial on the date already set. After being permitted to substitute as
counsel for the defendant, Mr. Patty appeared on the trial date and moved for a continuance. Mr.
Patty admitted, when questioned by the trial court, that he knew at the time that he moved to
substitute as counsel for the defendant that he would not be ready for trial on the scheduled date.
Although the trial court's finding of contempt was reversed on appeal, the appellate court found
that the facts justified the finding of contempt, but that proper procedure had not been followed.
In the second complaint, the U. S. District Court for the Eastern District of Tennessee
found that Mr. Patty had filed a frivolous lawsuit in violation of Federal Rule of Civil Procedure
No. 11. Mr. Patty filed a lawsuit in the federal court after a lawsuit based upon the same set of
facts which Mr. Patty had filed in state court had been dismissed on summary judgment. The U.
S. District Court for the Eastern District of Tennessee suspended Mr. Patty from practicing law
in that court for one year.
Following a hearing, the Hearing Panel of the Board of Professional Responsibility found
that Mr. Patty's license to practice to law should be suspended for one year and indefinitely until
Mr. Patty had completed courses at an accredited law school in civil procedure and ethics. Mr.
Patty appealed to the Chancery Court for Blount County. After a trial was conducted, the
Chancery Court reduced Mr. Patty's suspension to sixty days by Order entered October 30, 2001.
Mr. Patty then appealed the Chancery Court's decision directly to the Supreme Court of
Tennessee. By the Opinion and Judgment entered November 1, 2002, the Supreme Court
affirmed the suspension of the Chancery Court, but increased the suspension to four months.
The Supreme Court also required, as a condition to his reinstatement to the practice of law, that
Mr. Patty complete six hours of continuing legal education in ethics and twelve hours of
continuing legal education in trial practice and civil litigation, in addition to the hours required
annually of attorneys in the state.
Section 18 of Tennessee Supreme Court Rule 9 requires Mr. Patty to notify by registered
or certified mail all clients being represented in pending matters, as well as all co-counsel and
opposing counsel, of the Supreme Court's Order disbarring him. Section 18 also requires Mr.
Patty to deliver to all clients any papers or property to which they are entitled. Mr. Patty is
further prohibited from maintaining a presence where the practice of law is conducted and
required to remove and refrain from use of any indicia of lawyer, legal assistant, law clerk, or
similar title.
Patty 1130 rel.doc