BOARD OF PROFESSIONAL RESPONSIBILITY (2012)

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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: JAMES W. CLEMENTS, BPR #13191
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

November 8, 2012

HAMILTON COUNTY LAWYER CENSURED

On November 5, 2012, James W. Clements, an attorney licensed to practice law in Tennessee, received
a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Clements met with a client in April of 2009 to discuss a possible claim against a nursing home for
neglect of the client’s relative in July of 2008. Mr. Clements represented he would forward medical records to
experts in Georgia and contact his client when he received the expert’s medical evaluation. Over a period of
thirty-one (31) months, Mr. Clements failed to take reasonable steps to have the medical record promptly
reviewed by an appropriate expert; failed to take reasonable steps to monitor the expert’s review; failed to
provide material information to the client regarding the statute of limitations; failed to reasonably and timely
respond to phone calls from the client and withheld material information from his client.

By these acts, James W. Clements violated Rules of Professional Conduct 1.1 (competence), 1.3
(diligence), 1.4 (communication) and 8.4 (misconduct).

A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to
practice law.

Clements 34922-3 rel.doc

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