simmons-lynda-35273.pdf (2012)
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3N DISCIPLINARY DISTRICT IV
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
. OF THE
SUPREME COURT OF TENNBS SEE
IN RE: LYNDA W. SIMMONS, BPR NO. 14424 FILE NC). 35263-4433
Respondent, an attorney licensed
to practice law in Tennessee
(Overton County)
PUBLIC CENSURE
The above complaint was ï¬led against Lynda W. Simmons, an attorney licensed to
preetice law in Tennessee, alleging certain acts of misconduct. Pursuant to Tenn. Sup. Ct. R. 9,
the Board of Professional Responsibitity considered these matters at its meeting on September
21, 2012.
Respondent prepared a will fot her client, which left his real property to his gravely—ill
daughter, or if she was no longer living, to a family friend. The client’s daughter Was concerned
that the family friend would take advantage of the client. In an attempt to protect her client,
Respondent and daughter agreed that Respondent would prepare two deedsmone transferring the
client’s property to Respondent’s husband, and one returning the propertywwhich Respondent
would hold in her office to be recorded only in the event that the client was being influenced by
the family friend.
The client executed a deed transferring his real property to Respondent’s husband, but he
does not recall doing so. Almost one year later, the daughter died, and Respondent recorded. the
deed transfem'ing the client’s real property to Respondent’s husband. At the request of
subsequent eounsel for the client, Respondent’s husband executed a deed returning the property
twelve days later. In the course of these events, Respondent told two nursing home workers and
the client’s niece conï¬dential information about her client.
By the aforementioned acts, Lynda W. Simmons, has violated Rules of Professional
Conduct 1.6 (conï¬dential informaï¬on) and 1.3 (conï¬ict of interest) and is hereby Publicly
Censured for these violations.
FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY
(73mm
Lela. Hollabaugh, CM‘
(Jo/ohm 2,2, we;
Date