Microsoft Word - ebb_80620984_496685113_12 (2020)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (johannessen-59106-5-rel.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
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
FA24: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: SCOTT DAVID JOHANNESSEN, BPR #026767
CONTACT: EILEEN BURKHALTER SMITH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
October 13, 2020
DAVIDSON COUNTY LAWYER CENSURED
On October 12, 2020, Scott David Johannessen, an attorney licensed to practice law in Tennessee,
received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Johannessen is the sole member of a limited liability company, and that company is a member of
another company called FYI. On March 2, 2018, Mr. Johannessen was appointed by resolution as the attorney
for FYI for particular issues. On October 15, 2018, Mr. Johannessen hired an attorney and filed an involuntary
bankruptcy petition against FYI in his role as the sole member of the other limited liability company. On
October 16, 2018, Mr. Johannessen then filed a notice of appearance in the bankruptcy proceeding, as a pro se
creditor of FYI, alleging that there was a debt FYI owed him personally. The bankruptcy of FYI was later
dismissed.
Mr. Johannessenâs filing of an involuntary bankruptcy petition against FYI, in his role as the sole
member of a limited liability company, after a resolution had been passed naming him as FYIâs attorney created
a significant risk that the representation of his client would be materially limited by his interest as sole member
of the other company. Mr. Johannessenâs subsequent notice to also appear on his own behalf in the bankruptcy,
against FYI, created a significant risk that his representation of FYI and his personal interest concerning the
other company would be materially limited by his personal interest as a creditor against FYI.
By these acts, Scott David Johannessen has violated Rules of Professional Conduct 1.7 (conflict of
interest), 8.4(d) (prejudice to the administration of justice) and 1.1 (competence) and is hereby Publicly
Censured.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Johannessen 59106-5 rel.doc