McAlexander 1380 rel.PDF (2006)

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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 TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367- 2480 THERESA M. COSTONIS
BEVERLY P. SHARPE
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR

RELEASE OF INFORMATION
IN RE: THOMAS KEITH McALEXANDER, BPR #11912
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 15, 2004

MEMPHIS LAWYER SUSPENDED

Thomas Keith McAlexander, a Memphis lawyer, has been suspended from the practice of law by
Tennessee Supreme Court Order filed on October 12, 2004. McAlexander was suspended for a
period of two years beginning October 15, 2004.

In 2002, McAlexander falsified the status of two separate matters he was retained by one former
client to handle. In the first matter, McAlexander prepared a fictitious Order of the Shelby
County Circuit Court purporting to award $170,000 to this former client in an employment
discrimination action while in truth there was no such order ever filed awarding this client any
damages. In the second matter, McAlexander falsely informed this former client that he had
filed a motion to set aside a dismissal order in the client’s Dyer County Circuit Court case, and
prepared and mailed this fictitious motion to the client with a false certificate of service to all
parties in the action, on August 19, 2002.

The Board of Professional Responsibility filed a petition for discipline against McAlexander
pursuant to Tennessee Supreme Court Rule 9, and McAlexander filed an Answer and Amended
Answer wherein he admitted all allegations against him included within the petition. In
September of 2004, McAlexander tendered a Conditional Guilty Plea in which he pleaded guilty
to the petition and agreed to be suspended from the practice of law for a two year period to
commence on October 15, 2004.

Section 18 of Tennessee Supreme Court Rule 9 requires McAlexander to notify by registered or
certified mail all clients being represented in pending matters; all co-counsel and opposing
counsel of the Supreme Court’s Order suspending him. Section 18 also requires McAlexander to
deliver to all clients any papers or property to which they are entitled.

This disciplinary matter was conducted in accordance with Supreme Court Rules 8 an 9.
Pursuant to Supreme Court Rule 9, Section 19, McAlexander is eligible to be considered for
reinstatement from this two year suspension on October 14, 2006, but he must carry the burden
of proof by clear and convincing evidence that his reinstatement will not be detrimental to the
integrity and standing of the bar or to the administration of justice, or be subversive to the public
interest.

JDJ:mw
McAlexander 1380 rel.doc

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