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Board of Professional Responsibility

43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

Board of Professional Responsibility
Organization and Composition

The Tennessee Supreme Court regulates and supervises the practice of law in Tennessee
pursuant to Tennessee Supreme Court Rule 9. The Court appoints twelve members to the Board of
Professional Responsibility (the Board) to effectuate Tenn. Sup. Ct. R. 9 and the Court’s disciplinary
enforcement.

The Board consists of nine (9) attorneys and three (3) public (non-attorney) members who serve
three-year terms and geographically represent the entire state. In 2023-2024, Board members
volunteered 1,081 hours and received no compensation for their service. Members of the Board
include:

Jennifer S. Hagerman (Chair)
R. Culver Schmid (Vice-Chair)
Richard Briggs (Lay Member)
Ginger Wilson Buchanan
Jimmy Dunn
Stacey B. Edmonson
Charles K. Grant
Dr. Carol Johnson-Dean (Lay Member)
Jim Maddux (Lay Member)
Barbara Medley
Kirk Moore
Jonathan Steen

The Court appoints a Chief Disciplinary Counsel who reports to the Board. The Board also
employs attorneys as Disciplinary Counsel and support staff to assist with attorney registration;
consumer assistance; investigation and litigation. A staff directory is attached as Exhibit A.

District Committee Members

The Tennessee Supreme Court appoints attorneys to serve as district committee members from
each disciplinary district in the state. In 2023-2024, 197 attorneys assisted the Court and the Board as
district committee members reviewing Disciplinary Counsel’s recommendations on investigative files
and sitting on hearing panels conducting formal disciplinary charges. Of the 197 members, 140 reported
volunteering 2,259 hours in 2023-2024 for which they received no compensation for their services. A
roster of current district committee members is attached as Exhibit B.
43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

Tennessee Attorney Information
The Board of Professional Responsibility provides an easy-to-use online registration system
that allows lawyers to fulfill their annual registration requirements. Public registration information is
displayed on the Board’s website to allow the judiciary, lawyers and the public to access licensing,
registration and contact information about lawyers.

Active Attorneys by Disciplinary District: 24,281*

Disciplinary District 1: 1,044 Active TN attorneys
Disciplinary District 2: 2,644 Active TN attorneys
Disciplinary District 3: 1,615 Active TN attorneys
Disciplinary District 4: 1,426 Active TN attorneys
Disciplinary District 5: 6,192 Active TN attorneys
Disciplinary District 6: 2,623 Active TN attorneys
Disciplinary District 7: 507 Active TN attorneys
Disciplinary District 8: 280 Active TN attorneys
Disciplinary District 9: 3,393 Active TN attorneys
*4,557 Out of State Active TN attorneys

Active Attorney Statistics:

 Years Licensed: <5 yrs: 17% ● Age: 21-29 yrs: 5%
6-15 yrs: 28% 30-39 yrs: 20%
16-25 yrs: 22% 40-49 yrs: 25%
26-35 yrs: 16% 50-59 yrs: 22%
36-45 yrs: 10% 60-69 yrs: 16%
46+ yrs: 7% 70+ yrs: 12%

 Gender: Male: 61% ● In-state Attorneys: 81%
Female: 38% ● Out-of-state Attorneys: 19%
Unreported: 1%

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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

Inactive Attorneys

Pursuant to Tennessee Supreme Court Rule 9, Section 10.3, inactive attorneys include
attorneys serving as justice, judge or magistrate of a court of the United States of America or
who serve in any federal office in which the attorney is prohibited by federal law from engaging
in the practice of law; retired attorneys; attorneys on temporary duty with the armed forces;
faculty members of Tennessee law schools who do not practice law; and attorneys not engaged
in the practice of law in Tennessee. In 2023-2024, 6,188 attorneys on inactive status were
registered with the Board of Professional Responsibility.

 Non-disciplinary/Administrative Suspensions:
Pursuant to Supreme Court Rules, the Supreme Court suspends attorneys who fail to
pay their annual fee (Tenn. Sup. Ct. R. 9 § 10.6); fail to complete annual continuing legal
education requirements (Tenn. Sup. Ct. R. 21 § 7); fail to comply with Interest on Lawyers
Trust Account requirements (Tenn. Sup. Ct. R. 43 § 15); fail to pay the Tennessee professional
privilege tax (Tenn. Sup. Ct. R. 9 § 26); or default on student loans (Tenn. Sup. Ct. R. 9 § 37).
No attorney suspended pursuant to these Rules may resume practice until reinstated by Order
of the Supreme Court. Attorneys were administratively suspended during fiscal year 2023-
2024 as follows:

Non-payment of Annual Fee: 219
Continuing Legal Education non-compliance: 145
Interest on Lawyer’s Trust Accounts non-compliance: 137
Professional Privilege Tax non-compliance: 60
Default on a Student Loan: 0
Total: 561

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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

Assistance, Investigation and Prosecution

 Trust Account Overdraft Notifications

Pursuant to Tennessee Supreme Court Rule 9, Section 35.1(b), financial institutions report to
the Board whenever any properly payable instrument is presented against an attorney trust account
containing insufficient funds. After receiving notification of an overdraft, Board Staff request financial
information and explanation from the attorney.

Total Notifications 83

Actions Taken

Referred to Investigations 14
Resolved without Investigation 58
In Progress 11

 Consumer Assistance Program (CAP) and Investigation
Non-frivolous complaints against attorneys submitted by clients, lawyers, judges and the public
are referred to the Board’s Consumer Assistance Program (CAP) for assistance or opened and assigned
to Disciplinary Counsel for investigation. CAP answers questions, provides information, informally
mediates disputes, and refers matters to Disciplinary Counsel for investigation.

Disciplinary Counsel investigate complaints against attorneys alleging unethical conduct. After
investigation, Disciplinary Counsel recommend dismissal of the complaint if there is insufficient proof
of a violation of the Rules of Professional Conduct. If the investigated complaint reflects a violation
of the Rules of Professional Conduct, Disciplinary Counsel recommend diversion, private informal
admonition, private reprimand, public censure, or the filing of formal disciplinary charges. A district
committee member reviews and approves or disapproves Disciplinary Counsel’s recommendation for
dismissal, diversion, and private informal admonition. The Board of Professional Responsibility
reviews and approves or disapproves Disciplinary Counsel’s recommendation for private reprimand,
public censure, and the filing of formal disciplinary charges.

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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

A. Complaints Received/Previously Active

Requests for Investigations 2,367
Requests for Assistance 1,292

Total: 3,659

B. Complaints Disposition

Administratively Dismissed 1,371
Transferred to Investigations 802
Transferred to CAP 1,424
Duplicates/Deceased/Other 14

Total: 3,611

C. Nature of Complaints

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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

D. Investigative Caseload:

Investigations Opened 819
Pending Investigations from previous fiscal year 518

Total: 1,337

E. Investigative Disposition:

Investigative Dismissals 521
Diversion 51
Private Informal Admonition 36
Private Reprimand 11
Informal Public Censure 41
Transferred to Litigation 100
Placed on Retired - Disability Status 18
Other 1: 11

Total: 789

• Formal Disciplinary Proceedings:

After the Board of Professional Responsibility authorizes Disciplinary Counsel to file formal
disciplinary charges (i.e., a petition for discipline) against an attorney, the matter is assigned to three
district committee members who constitute a hearing panel. The Hearing Panel sets the disciplinary
proceeding for a hearing which is open to the public unless a protective order has been entered. The
Tennessee Rules of Evidence and Rules of Civil Procedure apply unless Tennessee Supreme Court
Rule 9 provides otherwise.

The Board of Professional Responsibility must prove an attorney’s ethical misconduct by a
preponderance of the evidence. Hearing Panels may recommend dismissal, public censure, suspension
or disbarment.

1
Abated by death; complaint withdrawn; duplicate file.
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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

A. Formal Disciplinary Caseload

Formal cases filed during Fiscal Year: 62
Formal cases pending at beginning of Fiscal Year: 81

Total formal proceedings: 143

Public hearings conducted in Fiscal Year: 34

B. Formal Disciplinary Proceedings Disposition:

Dismissals: 4
Public Censures: 4
Suspensions: 15
Permanent Disbarments: 8
Transfer to Disability Inactive: 6
Temporary Suspensions: 11
Reinstatements: 14
Other 2: 11

Total: 73

2
Abated by death; voluntary non-suited; denied; withdrawn; nonserious crime.

7
43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

Resolution of Formal Disciplinary Proceedings

15
14

11 11

8

6
4 4

Dismissals Public Censures Suspensions Permanent Transfer to Temporary Reinstatements Other
Disbarments Disability Suspensions
Inactive

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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

 Education and Information:

The Board issues Formal Ethics Opinions and staff respond to informal ethics questions by
phone and internet. Disciplinary Counsel present continuing legal education seminars and workshops,
publish Board Notes, a bi-annual newsletter, and update the Board’s website with rule changes,
disciplinary decisions and news for attorneys, judges and the public.

A. Ethics Opinions:

i. Informal Opinions

Ethics Counsel and Disciplinary Counsel responded to a total of 2,016 phone
and internet inquiries from attorneys seeking ethical guidance. 3

ii. Formal Opinions

2023-F-169: Departing lawyers and their law firms have an ethical duty to
protect client interests when a lawyer leaves a law firm. The departure of a
lawyer who represents a client or is responsible for the law firm’s delivery of
legal services currently on a matter is information that may affect the status of a
client’s matter and require the client to make a decision regarding the
representation as set forth in RPC 1.4. A departing lawyer and the law firm have
an ethical duty to inform the client of the lawyer’s departure. Because a client
has the right to select counsel of the client’s choice, the fact that the lawyer is
leaving and where the lawyer will ultimately practice is information that will aid
the client in determining whether to stay with the law firm, leave with the lawyer
or seek legal representation elsewhere. Notice should be given to the client by
the departing lawyer, the law firm, or preferably, jointly by the law firm and the
lawyer.

2023-F-170: In light of changes in the Rules, opinions from other jurisdictions,
the Tennessee Supreme Court’s revision of the lawyer advertising rules, and the
evolution in the use of credit cards, the Board of Professional Responsibility
vacates Formal Ethics Opinions 82-F-28 and 82-F-28(a) and updates guidelines
for a lawyer’s acceptance of credit card payments and the use of payment
processing services. A lawyer may accept credit cards or payment processing
services, such as PayPal, Venmo or other like payment processing services, from

3
Tennessee attorneys may submit ethics inquiries to the Board by calling 615-361-7500, ext. 212, or via the Board’s website
at www.tbpr.org.

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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

a client for payment of fees, including unearned fees (commonly referred to as
retainer fees), so long as the lawyer ensures compliance with the applicable
Tennessee Rules of Professional Conduct regarding client confidentiality, how
credit card transaction fees will be treated, and the security of client trust funds.

B. Continuing Legal Education (CLE) Presentations:

Between July 1, 2023, and June 30, 2024, Disciplinary Counsel presented thirty-two
(32) CLE seminars, attended by approximately 1,841 attorneys.

C. Board Notes:

In 2023-2024, the Board emailed both Fall and Spring issues of Board Notes, the
Board’s semi-annual newsletter to all attorneys and judges and published it on the Board’s
website.

D. Workshops:

a. The Board of Professional Responsibility hosted its annual Ethics Workshop on November
2, 2023, with 803 attorneys attending both virtually and in person. This year’s Ethics
Workshop is scheduled for November 1, 2024.

b. The Board of Professional Responsibility has offered two trust account workshops in
2023/2024, with 354 attorneys attending both virtually and in person. The next trust account
workshop will be held Wednesday, December 4, 2024. Tickets will go on sale at the end of
September.

E. Tennessee’s Proactive Management-Based Regulation (Voluntary Self-Assessment):

Tennessee’s Proactive Management-Based Regulation (PMBR) program is an
interactive law office management self-assessment course. The ten self-assessments are
designed to mitigate risk, elevate competence, and enhance the quality of legal services
delivered to clients. The goal of the program is to prevent problems within a law firm before
they arise, enabling attorneys to spend more time on cases. Attorneys receive 3 Dual CLE
Credits after completion of the course. The ten self-assessments are as follows:
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43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

1. Developing Competent Practices
2. Communicating in an Effective, Timely, Professional Manner
3. Ensuring That Confidentiality Requirements Are Met
4. Avoiding Conflicts of Interest
5. Retaining and Managing Secure Files
6. Managing the Law Firm/Legal Entity and Staff
7. Charging Appropriate Fees and Making Appropriate Disbursements
8. Ensuring the Use of Reliable Trust Account Practices
9. Access To Justice and Client Development
10. Promoting Wellness

Since the implementation of the course in August 2019, 1,460 Tennessee attorneys have
completed the self-assessment, with 236 completing the course in 2023-2024.

Access the Tennessee PMBR program by following this link: http://tbpr.prolearn.io.

11
43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

Board of Professional Responsibility
Staff Directory
Name Title Extension
Doug Bergeron Disciplinary Counsel 247
Melissa Boyd Executive Assistant 204
Julie Brown Administrative Payables Clerk 215
Laura Chastain Ethics Counsel 212
Steve Christopher Deputy Chief Disciplinary Counsel - Investigations 203
Jesús Del Campo Legal Assistant - Litigation 249
Stephanie Dobis Lead Legal Assistant 240
Dana Dunn Assistant Director 209
Eric Fuller Disciplinary Counsel 243
Sandy Garrett Chief Disciplinary Counsel 211
Reynold Gaulden, Jr. Registration Assistant II 244
Elizabeth Gray Administrative Assistant-Registration/ Scanning 202
Kelly Heflin Legal Assistant - Investigations 242
McKenzie Hollars CAP Legal Assistant 255
Maureen Hughes Disciplinary Counsel 234
Katherine Jennings Executive Secretary 206
Molly Liens Registration Manager 220
Carol Marsh Receptionist 200
Jim W. Milam Disciplinary Counsel 245
Heather Piper Disciplinary Counsel 246
Nicholas Price CAP Legal Assistant (Intake) 257
Tony Pros Network Administrator 205
Liz Radford Legal Assistant – Investigations and Litigation 238
Beverly Rooks Lead Legal Assistant – Investigations 233
Beverly Sharpe Director of Consumer Assistance Program 226
Pennye Sisk Paralegal 248
Eileen Burkhalter Smith Disciplinary Counsel 210
Candis Stigall Case Manager 229
Tiffany Tant-Shafer Disciplinary Counsel 235
Logan Thornton Support Technician 207
Suzie Thurber Administrative Receivables Clerk 241
Cheri Weaver CAP Paralegal 208
Lani White Registration Assistant II 227
Russ Willis Deputy Chief Disciplinary Counsel - Litigation 236

Exhibit A

12
43rd Annual Discipline Report
Fiscal Year July 1, 2023 – June 30, 2024

District Committee Member Roster
District First Name Last Name District First Name Last Name District First Name Last Name
1 Dan E. Armstrong 4 Blake J. Fitzpatrick 6 David R. O'Neil
1 Jeremy D. Ball 4 Michael R. Giaimo 6 James Y. Ross, Sr.
1 Melissia Ball 4 Theodore W. Goodman 6 Raymond Runyon
1 Guy W. Blackwell 4 Mary Beth Hagan 6 Michael L. Russell
1 Jeffrey A. Cobble 4 Moody Wesley Hall, IV 6 Margaret F. Sagi
1 McKenna L. (Ms.) Cox 4 Trisha L. Henegar 6 M. Stuart Saylor
1 Erwin (Lynn) Dougherty 4 W. Garrett Honea 6 Rodger D. Waynick
1 Andrew E. Farmer 4 Rachel M. Moses 6 Beverly White
1 Jeffery S. Greene 4 Daniel Rader, IV 6 Timothy Wills
1 Scott D. Hall 4 Thomas S. Santel 7 Andy Anderson
1 William B. Harper 4 Ginger Bobo Shofner 7 Sara E. Barnett
1 William B. Marsh 4 Donna S. Simpson 7 Shaun Brown
1 Cecil Mills 4 Cecilia W. Spivy 7 Lisa Houston
1 Nikki C. Pierce 4 Megan K. Trott 7 Robert A. Jowers
1 William O. Shults 4 Willie F. Wallace, III 7 Lisa Miller
1 Barry Staubus 5 Elaina Al-Nimri 7 (William) Josh Morrow
1 Jeffrey L. Stern 5 Taylor J. Askew 7 Ryan K. Porter
1 Denise S. Terry 5 Kevin E. Baltz 7 Michelle Pugh
2 Robyn J. Askew 5 Adam Barber 7 Vincent Seiler
2 Maha (Ms.) Ayesh 5 Keene W. Bartley 7 Terica Smith
2 Edward U. Babb 5 Robert E. Boston 7 Neil Thompson
2 Heidi Barcus 5 Jad A. Duncan 7 Joe VanDyke
2 Amanda M. Busby 5 Jeff H. Gibson 8 Dean Dedmon
2 Loretta G. Cravens 5 Matthew Harris 8 Rachele D. Gibson
2 Nicholas W. Diegel 5 William J. Haynes 8 Stephen L. Hughes
2 Shannon (Ms.) Egle 5 Candi R. Henry 8 Will Taylor Hughes
2 Steve Erdely 5 Adam Hill 8 Jeff Lay
2 Matthew A. Grossman 5 Lucas Jerkins 8 Julie W. Palmer
2 Lisa J. Hall 5 John D. Kitch 8 David A. Stowers
2 Josh Hedrick 5 Raymond Leathers 8 Joseph E. Tubbs
2 Howard B. Jackson 5 Russell B. Morgan 8 Allison S. Whitledge
2 Michael S Kelley 5 Anthony (Tony) Orlandi 9 Jeremy G. Alpert
2 Michael J. King 5 Julie Peak 9 Bryce W. Ashby
2 Gregory C. Logue 5 Brant Phillips 9 Taurus M. Bailey
2 Mary Elizabeth Maddox 5 Lee (Mr.) Pope 9 Lucie K. Brackin
2 Chris McCarty 5 Daniel H. Puryear 9 William R. Bradley, Jr.
2 Carl P. McDonald 5 Kristina A. Reliford 9 Christopher S. Campbell
2 Ben Mullins 5 Rita Roberts-Turner 9 S. Keenan Carter
2 James F. Parker 5 Peter C. Robison 9 Kevin E. Childress
2 P. Edward Pratt 5 Michael J. Sandler, Sr. 9 Brian Coleman
2 Wayne A. Ritchie, II 5 W. Stuart Scott 9 David M. Cook
2 W. Edward Shipe 5 Siew-Ling (Sue) Shea 9 Anne B. Davis
2 Russell E. Stair 5 Liz Sitgreaves 9 Amber D. Floyd
2 Garrett P. Swartwood 5 Jeffrey Spark 9 Malcolm B. Futhey, III
2 Lynn Tarpy 5 M. Clark Spoden 9 Nicole Grida
2 Brian Wanamaker 5 Taylor C. (Mr.) Sutherland 9 Greg Grisham
2 Shelly Wilson 5 Luther Wright, Jr. 9 Jonathan C. Hancock
3 Peter Alliman 6 Casey Ashworth 9 Jennifer S. Harrison
3 Ariel Anthony 6 Evan P. Baddour 9 Rebecca Hinds
3 Larry Cash 6 Richard Boehms 9 Lauren Holloway
3 Sam D. Elliott 6 Jessica N. Borne 9 Earl W. Houston, II
3 Rachel Fisher-Queen 6 David Christensen 9 Robbin (Ms.) Hutton
3 Jeffrey Maddux 6 C. Diane Crosier 9 Adam Johnson
3 Doris Matthews 6 Marci McClellan Curry 9 Tressa V. Johnson
3 Laurie Harrod McNulty 6 Thomas B. Dean 9 E. Patrick (Pat) Lancaster
3 Jennifer A. Mitchell 6 Hilary Duke 9 Zachary Moore
3 Lance W. Pope 6 James L. Elkins 9 Will Perry
3 Leah B. Sauceman 6 Mary Katharine Evins 9 Steve Ragland
3 Carmen (Ms.) Ware 6 Jennifer F. Franks 9 Marc Reisman
3 Ronald D. Wells 6 David R. Grimmett 9 Holly J. Renken
3 Elizabeth L Williams 6 Cameron R. Hoffmeyer 9 Zayid Saleem
4 William "Howie" Acuff 6 Patricia Holder 9 Robert L.J. Spence, Jr.
4 Philip Duane Burnett 6 Eric Larsen 9 Emmett L. Whitwell

13
Exhibit B

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