Ragsdale 25217 rel.PDF (2003)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367- 2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: DUNCAN E. RAGSDALE, JR., BPR #4934
CONTACT: JESSE D. JOSEPH
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
February 5, 2003
MEMPHIS LAWYER PUBLICLY CENSURED
Duncan E. Ragsdale, Jr., of Memphis, was publicly censured by the Board of
Professional Responsibility on February 3, 2003. The censure was issued by the Board
pursuant to Rule 9, Section 8 of the Rules of the Tennessee Supreme Court. Ragsdale did not
request a hearing on the matter.
In one complaint filed against Ragsdale, the Board found that he failed to move with
reasonable diligence and promptness, and failed to promptly explain the status of a toxic tort
matter he handled on behalf of two clients against a local hospital. At the end of August, 1999,
Ragsdale was facing a hearing on the hospitalâs summary judgment motion set for September
17, 1999, but he had no expert affidavit in support of his clientsâ claims. The clients delivered
to Ragsdaleâs offices on September 4, 1999, a requested $1,200 money order to obtain a
review and affidavit from an expert physician, but Ragsdale did not request any continuance in
the matter to attempt to obtain the affidavit. Instead, Ragsdale filed an order of voluntary
dismissal of the clientsâ action on September 10, 1999, without prejudice, without ever
informing his clients of, or explaining to them the effect of the September 10, 1999 voluntary
dismissal order.
In January, 2000, the expert forwarded to Ragsdale a report very favorable to his
clientsâ cause, and Ragsdale did forward this report on to his clients later that year. However,
since the clients did not know of the entry of the voluntary dismissal in September, 1999, or of
the bar date on refiling the suit in September, 2000, they were deprived of the ability to take
action to protect their rights.
The Board also found that Ragsdale had been disciplined previously for these types of
violations.
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Ragsdale 25217 rel.doc