smith-three-files-9-public-censure.pdf (2011)
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IN DISCIPLWARY IBISTRICT IX
OF THE
BOARD OF PROFESSIONAL RBSPONSIEBILITY
OF Tim
SUPREME COURT GF TENNESSEE
IN RE: Katharine Evctt Smith, BPR NO. 23028 FILE NO. 35061-933, 35217-9»ES, 35425~9aES
Respondant, an attcrney licï¬nsed
to practice law in Tennessee
(8thin County) '
PUBLIC CENSURE
The abcvc ccmplaints were filed against Katharina rivet? Smith, an attorney Iiccnscd to
practice law in Tennessee, alicging certain acts of misccnéuct. Pursuant to Tenn. Sup. Ct. R. 9,
the Board of Prcfcssicnai Responsibiiity considered these matters at its meeting on Dccembcr 6,
2013â
Rewondcnt improperly used her trugt ccccunt as an operating account from June 1, 2011,
unï¬i 313116 29, 2012. On three cccasions in Qatcbcr, 2011, and March, 2012, Respondent
ccmmingicd client ccttlcmenâc funcis with other funds.
in another matter, after receiving client sctï¬cmcnt fluids, Respondent icsncd payment to a
clientâs medical providcr by cashierâs chcckc. The: medical provider did acct receive the cashierâs
checks anti notiï¬cd Respondent in writing fbur timea. Five macths iater, RcSpOndcnt issued new
cashierâc checks to the provider. As such, Rc-spcndcnt failed to promptly deliver funds in a third
party which the ï¬iird party war; entitled to rcccivc.
In another matter? Rcsyondent failed to ï¬le a final judgment an a petition for custody for
ï¬ve months cad failed to respond in requcsts for information from her client.
By the aforementioned acts, Katherine Evctt Smith has viciatcd Rulcs of Profescionai
Conduct 1.â£5(d) (safekeeping ï¬mds}, 1.3 (diligance), 1.4 (aommunicaï¬on), and is hereby
publicly cenxured for these vioiafcions.
FGR THE BOARE) OF
FROFESSIONAL RESPONSIBILITY