annualreport29th.pdf (2005)
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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 TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL (800) 486-5714 JAMES A. VICK
FAX: (615) 367-2480 THERESA M. COSTONIS
BEVERLY P. SHARPE E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR
TWENTY-NINTH ANNUAL REPORT
July 1, 2004 through June 30, 2005
The Board continues to enhance its robust website at www.tbpr.org. Electronic subscript i
onst ot heBo ardâsInformational
Releases, Formal Ethics Opinions, Newsletters and Annual Reports are available. Attorneys with prospective ethical issues may
seek personal guidance online. Listings of pro hac vice attorneys and Rule 44 Intermediary Organizations are available. The texts
of the Rules of Professional Conduct and Rules of Disciplinary Enforcement (Tenn.Sup.Ct.R.8 and R.9) and Formal Ethics
Opinions are available online, along with other helpful features.
The continuous decline in the opening of complaint files experienced each year during the past seven years has ended. There were
982 files opened this fiscal year, an increase of 6% more than 926 opened the previous year - however being 40% fewer than 1,655
opened in 1998. The Board has received 35,625 complaints during the past twenty-nine years, excluding the consumer assistance
concerns noted below, resulting in 155 disbarments, 381 suspensions, 436 public censures and 2,695 private reprimands or
admonitions. The nature of the files created and areas from which they arose during this reporting year and the previous year are
shown on page two of this report.
The Consumer Assistance Program, implemented by the Board in 2002, continues to receive a large volume of consumer contacts.
During this year the program addressed 4,820 concerns, an increase of more than 5% over last year. Informal mediation of
consumer concerns, not rising to the level of serious ethical violations, occurred in 3,285 instances. Giving general information
resulting from inquiries by legal consumers accounted for the highest frequency of other activity. Areas of practice for which the
most concerns were received were criminal, domestic, personal injury, general civil, and bankruptcy. There were 1,283 referrals to
other entities, such as fee dispute committees, lawyer referral services or to disciplinary counsel when concerns could not be quickly
resolved by informal mediation.
TheBo a rdâsEthics Opinion Service, implemented in 1980 as a proactive program to prevent ethical misconduct, has resulted in
163 formal ethics opinions and 819 advisory opinions. Disciplinary Counsel have responded to 54,742 hotline telephone inquiries
from attorneys seeking ethical guidance, including 3,146 inquires during this reporting year. Disciplinary Counsel also participated
in 53 bar-sponsored ethics seminars during the year, attended by approximately 2,695 attorneys.
Attorneys are continuing to be proficient in the appropriate maintenance of trust accounts. There were 61 overdraft notices filed
this year, representing a 78% decline from 288 filed in 1995, and 25% fewer than the previous year when 82 overdraft notices were
fil
e d.TheBo ar
dâsOverdraft Notice Program was implemented in 1994, requiring trust accounts to be maintained in financial
institutions which agree to report overdrafts to the Board. More than 300 financial institutions are participating in the program.
Te nne s
seea t
to r
ne y
sha vec o ntri
but ed$26. 4mi l
lioni na nnua lCo urta ssessme ntstof ina ncet heBo ardâsprograms, with no
contributions from other sources. The annual registration fees provided revenue in FY 04-05 of $1,808,595. Additional revenues
of $124,133 were received from interest, reimbursement of costs of disciplinary proceedings and prior fees and penalties, providing
total Board revenue this fiscal year of $1,932,728. Expenditures were $2,037,703. The Board also collected and remitted an
addi ti
onal $349, 210thisy eart otheSupr emeCo urtâsLawyer Assistance Program. In addition, $166,580, totaling $2.36 million
since1990,ha sbe e
nc o llect
edf roma ttorneysandr emi t
tedt ot heCo urt
âsLawy ersâFundf orCl ientPr otection.
-1-
REGISTRATION INFORMATIONm DISCIPLINARY INFORMATIONm
General Active Exempt Suspended Total DISCIPLINARY Number of Public Private Private Disability
Populationj Attorneys Attorneys Attorneysk Attorneys DISTRICTSl Complaints Disbarments Suspensions Censures Reprimands Admonitions Inactive
2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004
756,761 912 886 83 81 51 46 1,046 1,013 I 71 69 0 0 0 1 2 2 3 0 4 3 0 1
II
382,506 452 455 53 49 18 19 523 523 Excluding Knox Co. 47 56 0 0 1 1 1 2 1 0 2 2 0 0
II
400,061 1,653 1,599 167 154 72 71 1,892 1,824 Knox County 98 130 0 0 1 0 2 1 4 6 11 2 0 2
III
308,876 246 245 30 26 9 9 285 280 Excluding Hamilton Co. 14 27 0 0 0 0 0 0 0 2 2 1 0 0
III
310,371 1,076 1,050 91 90 49 44 1,216 1,184 Hamilton County 57 44 0 0 1 0 4 3 2 0 5 0 0 0
831,392 976 939 110 102 42 42 1,128 1,083 IV 85 66 0 0 0 3 1 5 2 0 7 2 0 0
V
572,475 3,876 3,739 333 321 195 198 4,404 4,258 Davidson County 194 184 2 2 3 2 9 3 7 5 13 10 1 1
816,754 1,379 1,327 144 133 78 70 1,601 1,530 VI 92 69 0 2 2 1 4 1 0 1 7 7 1 2
338,347 476 460 41 42 22 22 539 524 VII 54 26 1 1 1 1 0 1 0 0 4 4 1 0
275,244 249 246 29 24 12 12 290 282 VIII 21 20 0 0 0 0 3 1 0 0 1 2 0 0
IX
908,175 3,175 3,112 327 316 243 229 3,745 3,657 Shelby County 227 220 1 2 5 5 8 5 5 5 15 17 0 0
2,919 2,813 904 838 792 745 4,615 4,396 Out of State 22 15 0 0 3 0 1 1 1 1 3 3 1 0
5,900,962 17,389 16,871 2,312 2,176 1,583 1,507 21,284 20,554 --- TOTALS --- 982 926 4 7 17 14 35 25 25 20 74 53 4 6
NOTES: NATURE OF COMPLAINTS: 2005 2004
jU.S. Bureau of the Census, 2004 estimated County Population for Tennessee Counties. TRUST VIOLATIONS:
Recordkeeping, Embezzlement, Conversion, Commingling 91 62
kThis total includes suspensions for: non-payment of fee (542), non-compliance with
CLE (334), disciplinary actions (149) and multiple suspensions (558). CONFLICT OF INTEREST:
Personal, As Public Official, Appearance of Impropriety,
54 65
lThe Disciplinary Districts contain the following counties pursuant to Rule 9(2): Business with Clients, Multiple Representation
District I - Johnson, Carter, Cocke, Greene, Hancock, Grainger, Jefferson, NEGLECT:
Sullivan, Washington, Unicoi, Hawkins, Claiborne, Hamblen and Sevier Counties. Preparation, Failure to Communicate, File, Appear or Perform 330 348
District II - Campbell, Anderson, Roane, Blount, Morgan, Union, Knox, MISREPRESENTATION OR FRAUD:
Loudon and Scott Counties. False Documents, Attestation, Statements, Failure to Clarify 96 83
District III - Polk, Hamilton, Sequatchie, Bledsoe, Meigs, Monroe, Bradley, RELATIONSHIP WITH CLIENT:
Marion, Grundy, Rhea and McMinn Counties. Limiting Liability, Discussing Confidence, Improper Withdrawal,
Not Releasing Documents, Extortion, Harassment, Failure to 302 264
District IV - White, Van Buren, Pickett, Putnam, Overton, Clay, Franklin, Protect Client's Interest
Moore, Bedford, Rutherford, Wilson, Trousdale, Warren, Fentress, Cumberland,
Smith, Jackson, Coffee, Lincoln, Marshall, Cannon, DeKalb and Macon Counties. FEES:
Overreaching, Excessive, Splitting Fee with Non-Lawyer,
27 24
District V - Davidson County. Improper Division, Failure to Refund, Improper Fee
District VI - Giles, Wayne, Lewis, Maury, Humphreys, Cheatham, Houston, IMPROPER COMMUNICATIONS:
Montgomery, Robertson, Lawrence, Perry, Hickman, Dickson, Stewart, Advertising, Solicitation, Trial Publicity, Contact with Witnesses,
55 59
Sumner and Williamson Counties. Officials, Jury, Opposing Party
District VII - Henry, Carroll, Henderson, Hardeman, Hardin, Benton, Chester, CRIMINAL CONVICTION:
Decatur, Fayette, McNairy and Madison Counties. Felony, Misdemeanor, Other 3 3
District VIII - Weakley, Lake, Gibson, Haywood, Tipton, Obion, Dyer, PERSONAL BEHAVIOR:
Crockett and Lauderdale Counties. Competence, Mental Disability, Aiding Unauthorized Practice,
23 18
Ineffective Assistance
District IX - Shelby County.
OTHER:
mPeriod for 2005 data is July 1, 2004 through June 30, 2005. Reciprocal Discipline, not available 1 0
Period for 2004 data is July 1, 2003 through June 30, 2004.
TOTAL FILES OPENED: 982 926
ALL ATTORNEYS ARE REQUIRED TO FILE WRITTEN NOTICE OF ANY CHANGE FRIVOLOUS MATTERS ADMINISTRATIVELY DISMISSED
IN RESIDENCE ADDRESS, OFFICE ADDRESS OR STATUS WITHIN 30 DAYS PURSUANT TO RULE 9(7.2)(c): 286 321
OF SUCH CHANGE AS REQUIRED BY SUPREME COURT RULE 9(20.5).
TOTAL MATTERS RECEIVED: 1,268 1,247
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