BOARD OF PROFESSIONAL RESPONSIBILITY (2015)
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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
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: HOMER L. CODY, BPR #10755
CONTACT: WILLIAM C. MOODY
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
July 30, 2015
SHELBY COUNTY ATTORNEY SUSPENDED
On July 28, 2015, Homer L. Cody of Memphis, Tennessee was suspended for one hundred eighty (180)
days by the Tennessee Supreme Court. The suspension shall begin on August 7, 2015. Further, Mr. Cody must
pay the Board of Professional Responsibilityâs costs and expenses and the court costs within ninety days.
The Board of Professional Responsibility filed a Petition for Discipline based upon Mr. Codyâs
representation of two plaintiffs which resulted in a concurrent conflict of interest. Mr. Cody previously
received a public censure for the same conduct, with the same two plaintiffs; however, he continued with the
representation by filing an additional pleading on their behalf. Despite receiving that public censure, Mr. Cody
continued representing both plaintiffs. While the second disciplinary proceeding was pending, Mr. Cody filed a
second suit wherein he continued to represent the same two plaintiffs.
A Hearing Panel found Mr. Codyâs actions violated the following Rules of Professional Conduct: 1.7,
Conflict of Interest: Current Clients; and 8.4(a) and (d), Misconduct. Mr. Cody appealed the decision to the
Circuit Court for Shelby County, which affirmed the Hearing Panelâs decision. Mr. Cody appealed the decision
of the Shelby County Circuit Court to the Supreme Court of Tennessee. In its July 27, 2015 unanimous
Opinion, authored by Chief Justice Sharon G. Lee, the Supreme Court held the findings of fact and conclusions
of law made by the Hearing Panel were supported by substantial and material evidence and were neither
arbitrary, capricious nor characterized by an abuse of discretion. The Supreme Court further concluded that the
misconduct of Mr. Cody justified the imposition of a 180-day suspension from the practice of law.
Mr. Cody must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 18 (2006)
and 30 (2014), regarding the obligations and responsibilities of suspended attorneys.
Cody 2142-9 rel.doc