BOARD OF PROFESSIONAL RESPONSIBILITY (2009)
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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
DAVID RANDALL STEELE, BPR #25204
CONTACT: JAMES A. VICK
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
March 3, 2009
LAWYER CENSURED
On February 25, 2009, David Randall Steele, licensed in Tennessee, received a Public Censure from the
Board of Professional Responsibility of the Tennessee Supreme Court. Pursuant to Supreme Court Rule 9, the
Board of Professional Responsibility considered these matters at its meeting on December 12, 2008.
The Respondent, an attorney whose office is in Kentucky, was retained by written contract by the two
Complainants to represent them regarding a personal injury auto accident which occurred in Tennessee. The
contract provided, âClient understands and agrees that Client may be dissatisfied with said outcome or result
and that client may be in a worse or poorer legal position at the termination of this representation as a result of
the attorneyâs efforts,â in violation of RPC 1.8(h), which prohibits a lawyer from entering into a contract with a
client to prospectively limit the lawyerâs liability for malpractice. An accident resolution company referred the
case to the Respondent. Because the accident resolution company was not an intermediary organization
registered with the Tennessee Board of Professional Responsibility, the Respondentâs acceptance of the referral
was in violation of RPC 7.6(b). The personal injury case was settled. The two clients had separate claims,
separate medical expenses and separate settlements. The Respondent paid the Complainants one total sum in
settlement, in violation of RPC 1.7(a). The Respondent did not prepare a settlement disbursement, in violation
of RPC 1.5(c). The Respondent paid $6,000 to the accident resolution company, $1,800 for the services
rendered by the company and the balance of $4,200 for subrogation claims to be paid by the company. No
proof could be provided that the $4,200 was paid to the subrogation interest, in violation of RPC 1.15(b). The
Respondent disbursed more than the total settlement proceeds to the clients and to medical providers. The
Respondent has reimbursed the clients the $4,200 which had been paid to the company.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Steele 31125c-0 rel.doc
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