Handel Durham Jr. Censured by Tennessee Supreme Court Board

TN Board of Professional Responsibility

Filed March 3rd, 2026

Detected March 20th, 2026

Summary

The Board of Professional Responsibility of the Tennessee Supreme Court has publicly censured attorney Handel R. Durham, Jr. for violating rules of professional conduct related to fees and communications. The censure was issued on March 3, 2026, following an improper attempt to collect a contingency fee from a client.

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What changed

The Board of Professional Responsibility of the Tennessee Supreme Court issued a Public Censure to attorney Handel R. Durham, Jr. (BPR No. 010949) on March 3, 2026. The censure stems from violations of Rules of Professional Conduct 1.5(c) (fees), 7.1 (communications concerning lawyer’s services), and 8.4(a) (misconduct). Specifically, Mr. Durham improperly attempted to collect a contingency fee of approximately 33.3% from a client without a written fee agreement, under the mistaken belief that the fee arrangement was the same as a prior representation.

This disciplinary action serves as a formal rebuke and warning to Mr. Durham, though it does not impact his ability to practice law. Compliance officers should note the importance of executing written fee agreements, particularly for contingency fees, and ensuring clear communication and understanding of fee arrangements with clients to avoid violations of professional conduct rules.

What to do next

Review internal fee agreement policies and procedures.
Ensure all contingency fee arrangements are documented with written agreements.
Reinforce training on Rules of Professional Conduct 1.5, 7.1, and 8.4.

Penalties

Public Censure (a rebuke and warning; does not affect ability to practice law)

Source document (simplified)

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 Website: www.tbpr.org RELEASE OF INFORMATION RE: HANDEL R. DURHAM, JR., BPR NO. 010949 CONTACT: DOUGLAS R. BERGERON BOARD OF PROFESSIONAL RESPONSIBILITY 615-361-7500 March 3, 2026 SHELBY_COUNTY LAWYER CENSURED On March 3, 2026, Handel R. Durham, Jr. an attorney licensed to practice law in Tennessee, received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court. An existing client visited Mr. Durham at his office. The existing client, at the time, was jointly represented by Mr. Durham and another attorney. Mr. Durham and the other attorney’s office were within the same office suite. During this visit the client advised Mr. Durham of a potential new cause of action. At the end of the conversation, Mr. Durham mistakenly believed that the client had retained both him and co-counsel for the new matter under the same arrangement as the existing representation. During this new representation, there was no written fee agreement executed, and Mr. Durham, along with co-counsel, improperly attempted to collect a contingency fee from the client in the amount of approximately 33.3%. By the aforementioned acts, Handel R. Durham, Jr., has violated Rules of Professional Conduct 1.5(c) (fees), 7.1 (communications concerning lawyer’s services), and 8.4(a) (misconduct) and is hereby Publicly Censured for these violations. A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law. Durham 100557-9 rel.doc