Board Notes Fall 2025: Disciplinary Actions and Rule 21 Amendments

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BOARD NOTES
FALL 2025
Published by The Board of Professional Responsibility
of the Supreme Court of Tennessee

GREETING FROM
JUSTICE HOLLY KIRBY SPOTLIGHT:
After completing my term as Chief Justice, it’s good to come home
to once again serving as the Supreme Court’s liaison to the Board of Supreme Court Amends Rule
Professional Responsibility. I’m especially grateful to have the
opportunity to thank Tennessee’s legal community for supporting last
21 to Align BPR, CLE
year’s increase in the registration fee for lawyers. Statuses
The Court recognizes the financial challenges facing lawyers today,
and the increase to $270 per year in your registration fee was
significant. But under Tennessee’s system, taxpayers don’t cover the
Read More
cost of enforcing ethics rules for lawyers. Instead, your registration
fees fund the operations of the Board of Professional Responsibility.
Your registration fees also fund the Tennessee Lawyers Fund for
Client Protection (TLFCP), which reimburses clients whose lawyer WHAT’S INSIDE
steals from them. In addition, your registration fees fund the
important work of our Tennessee Lawyers Assistance Program (2) Spotlight: Supreme Court Amends Rule
(TLAP) in helping lawyers and judges who face mental or emotional 21 to Align BPR, CLE Statuses
struggles, or substance abuse.
(5) The Supreme Court of Tennessee’s Order
Most of Tennessee’s lawyers never face discipline by the BPR, never
Soliciting Public Comments on Potential
are the subject of a claim against the TLFCP and never need the
services of TLAP. But you perform the highest public service by
Regulatory Reforms to Increase Access to
funding all of these important entities through your registration fees. Quality Legal Representation
And most of all, you raise up the legal profession by the good work
you do every day, serving your clients with honor and integrity. Thank
(6) Article: The Provision of Law Related
you for all that you’re doing for our citizens. Services
(15) The Board of Professional
Responsibility’s Succession Planning CLE
DISCIPLINARY ACTIONS AT A
GLANCE (16) The Board of Professional
MARCH 2025- SEPT 2025 Responsibility’s Ethics Workshop
Disbarments Suspensions Temporary Suspensions Public Censures
(19) The Board of Professional
25
Responsibility’s Trust Account Workshop

13 (20) Disciplinary Actions March 2025 –
6 September 2025
4
(46) Tennessee Lawyers’ Fund for Client
Protection Payments
Spotlight: Supreme Court Amends Rule 21 to Align BPR,
CLE Statuses
By: Michele Wojciechowski
Executive Director
Tennessee Commission on Continuing Legal Education

As attorney mobility continues to increase and • serve as a justice, judge, or magistrate judge
more lawyers practice in multiple states, the of a federal court or who serve in any
Tennessee Supreme Court has amended federal office in which the attorney is
Tennessee Supreme Court Rule 21 and its prohibited by federal law from engaging in
accompanying regulations to ease the the practice of law,
requirements for attorneys who hold a • are on active duty with the armed forces, or
Tennessee law license but may not have an • are faculty members of Tennessee law
active practice here. schools and do not practice law.
Starting with the 2026 compliance year, the The Commission will duplicate the BPR status
Tennessee Commission on Continuing Legal of attorneys who have opted for the Rule 9
Education will not require attorneys to claim exemption and make them inactive with the
an annual exemption if they meet certain Commission. During the period of inactivity,
requirements with the Board of Professional attorneys will have no annual reporting
Responsibility (BPR). In addition, attorneys requirement, will not be required to file an
who live and practice in another state may be annual report statement, and will not be subject
able to use their continuing legal education to noncompliance fees.
(CLE) compliance in that state to satisfy the
Tennessee requirements. To reactivate an inactive law license, the
Commission will look to the last two years of
Inactive or Exempt Status with an attorney’s professional activity. In most
the Board of Professional Responsibility cases, the attorney will not need to earn CLE
Attorneys have long expressed confusion to return to active status with the BPR and the
about CLE obligations while inactive. Commission if they are inactive under these
Currently, attorneys with an inactive Tennessee conditions.
law license may still have a requirement to
Attorneys not engaged in the practice of law
report annually to the CLE Commission,
who do not fall into one of the three categories
usually in the form of claiming an exemption.
above and who take an exemption under Rule
Although these recent amendments to Rule 21 9, Section 10.3(e) will be required to earn up to
eliminate all CLE exemptions other than the two years of CLE to reactivate, a change from
age exemption, attorneys who are inactive or the previous requirement of five years of CLE.
exempted from Tennessee Supreme Court
Out-of-State Attorneys
Rule 9 under Section 10.3 will no longer have
an annual reporting requirement to the CLE Attorneys who are licensed in another state and
Commission. This includes attorneys who: meeting that state’s CLE requirements may

2|Page
qualify for comity compliance, a new offering 2027 when compliance for 2026 is verified.
that permits attorneys in states approved by the The Commission will share communication
Commission to use that state’s compliance to tailored to each attorney based on their status
meet Tennessee’s CLE obligation. with the BPR to assist them in navigating their
individual situation.
The Commission reviews each state’s
requirements to determine that jurisdiction’s Attorneys who typically claim an exemption
eligibility for comity compliance in Tennessee. other than the age exemption may wish to
Attorneys who qualify will submit proof of consider their options regarding their license
compliance from an approved jurisdiction in status in 2026 if their license is active with the
lieu of reporting hours directly to Tennessee. BPR.
Age Exemption Additional Amendments
The threshold for an age exemption (the Some other changes that take effect for the
compliance year in which an attorney turns 71) 2026 compliance year:
will not change, but the Commission will
automatically apply the exemption to every • The Commission no longer will require an
attorney in the year they become eligible. The affidavit for published writings credit
Commission will continue to maintain under Rule 21, Section 4.08(b).
accounts for age-exempt attorneys and • The Commission will no longer grant
welcomes them to continue to earn and report credit for passing a bar exam. Attorneys
CLE. who are admitted after September 1 are
automatically exempt from the CLE
Disability & Exceptional Relief requirement that year.
Rule 21 will no longer require attorneys who • Attorneys who are exempt from the CLE
have a disability to file an annual Request for requirement, such as new attorneys, who
Substitute Program Based Upon Disability earn CLE may carry those hours forward
under Section 3.02. This provision of the Rule to the next compliance year under the
is obsolete, as the Court permitted all hours to amendment.
be earned remotely several years ago. In
Fees & Funding
addition, attorneys needing other
accommodations can apply for Exceptional Compliance fee rates remain unchanged, as
Relief with the Commission under Rule 21, they largely have for decades. Attorneys are not
Section 2.04. required to pay any fees to the Commission
unless they are noncompliant or seek credit for
Effective Date unaccredited out-of-state courses. The
These changes will go into effect for the 2026 Commission is self-funded, with about 60% of
compliance year, which ends December 31, its budget coming from providers who pay $2
2026. All current compliance rules remain in per hour, per attorney to report CLE
effect until attorneys have completed their attendance. In addition to funding the
obligation or claimed an exemption for 2025, Commission’s operations, CLE supports
so most attorneys will notice little change until

3|Page
Access to Justice initiatives each year through CLE.TNCourts.gov or contact the
grants totaling more than $350,000. Commission at info@cle.tncourts.gov. The
Commission will provide individualized
Have Questions?
guidance to ensure attorneys transition
For questions about how these updates affect smoothly under the amended Rule 21 starting
your CLE or BPR status, visit with the 2026 compliance year.

4|Page
The Supreme Court of Tennessee’s
Order Soliciting Public Comments on Potential Regulatory Reforms
to Increase Access to Quality Legal Representation

On September 16, 2025, the Supreme Court
of Tennessee issued an Order Soliciting
IN THE SUPREME COURT OF TENNESSEE
..
FILED
,.,.,,
Public Comments on Potential Regulatory AT NASl·IVILLE

Reforms to Increase Access to Quality Legal
I N RE: PUBLIC COMMENTS ON POTENTIAL REGULATORY
REFORMS TO INCREASE ACCESS TO QUALITY LEGAL
REPRESENTATION
Representation.
No. ADM2025-01403

The deadline for submitting written
comments to the Court is March 16, 2026. ORDER

The Tennessee Supreme Coun has the inherent power ·10 regulate and supervise
Written comments may be submitted either the practice of law in this State." Manookian v. Bd. of Pro. Resp., 685 S.W.3d 744, 801
(Tenn. 2024). Pursuant to this authority, the Court may set qualifications for the licensing
and admission of attorneys, promulgate and enforce rules to govern the legal profession,
by email to appellatecourtclerk@tncourts.gov and take measures to prevent the umiuthorized practice of law. See id.: Pe1itio11 ofB11rso11,
909 S.W.2d 768, 773 (Tenn. 1995); Tenn. Code Ann.§ 23- 1- 103.

or by mail addressed to: The Tennessee Supreme Court has long set the educational requirements and other
standards for admission to the Bar. In the early twentieth century, 1he Coun required
applicants to have completed one year of study at a "reputable law school" or in the office
of a "reputable lawyer." Rules of 1he Supreme Coun with Respect to Licensing of
James Hivner, Clerk Attorneys§ 4, 164 Tenn. 675, 814 (1931 ). In 1934, the Coun increased the requirement to
two years of law school or office study. See id. (noting that the requirement for years of

Re: Regulatory Reform study would increase to two years in 1934). By the 1940s, the Coun required applicants to
have "graduated from a regularly organized law school which has the approval of the Board
of Law Examiners." Tenn. Sup. Cl. R. 37, § 5 ( 1948). A law school could ob1ain approval
100 Supreme Court Building of the Board of Law Examiners either by being "accredited or approved by the American
Bar Association" or by satisfying cenain s1andards to the satisfaction of the Board of Law

401 7th Avenue North Examiners. Id.

Nashville, TN 37219-1307.
Over the years, the Coun has come to rely heavily on accreditation by the American
Bar Associat ion ('"ABA"') in es1ablishing minimum education requirements for applicants
lo the Bar. Under the Court' s current rules, "[a)ny applicant seeking admission" to the
Tennessee Bar ··must have .. . graduated with a J. D. Degree from a law school accredited
by the ABA at the time of the applicant's graduation, or a Tennessee law school approved
by the Board . . . al 1hc 1ime ofthcapplicanl's graduation." Tenn. Sup. Ct. R. 7, § 2.02(a).
Tennessee law schools that are not accredited by the ADA may obtain approval from the

Click here to read the Court’s full Order.

5|Page
The Provision of Law-Related Services
By: Steven Christopher
Deputy Chief Disciplinary Counsel of Investigations
The Board of Professional Responsibility

Most ethical rules only apply when an attorney and contains no language limiting the scope of
is engaged in the practice of law. This is the rule to the attorney-client relationship.
evident through inclusion of language in the
text of the rule confirming its limited Law-Related Services
applicability to the attorney-client relationship.
For example, Tennessee Rule of Professional Whether conduct occurs when an attorney is
Conduct 1.3 requires attorneys to provide engaged in the practice of law is normally self-
diligent representation “in connection with the evident. However, not all circumstances
representation of the client,”1 making the rule clearly fall within or outside the bounds of an
inapplicable to an attorney’s conduct when attorney-client relationship. An increasing
volunteering for a non-profit organization number of attorneys provide services to clients
where no legal services are provided. that do not require law licensure but are
provided in conjunction with or otherwise
There are limited ethical rules that apply related to the provision of legal services. These
regardless of whether the conduct occurs in an ancillary services are referred to as “law-related
attorney-client relationship. The applicability services.”2 For example, an attorney whose
of these rules outside the context of the practice is limited to patent litigation may also
attorney-client relationship is evident by the provide patent consulting services to clients. A
absence of circumscribing language. RPC law firm that represents a business entity in
8.4(b) provides that it is professional their transactional work may provide financial
misconduct for an attorney to commit a planning and consulting services that do not
criminal act that reflects adversely on the require law licensure.
lawyer’s honesty, trustworthiness, or fitness as
a lawyer in other respects, both within and The provision of law-related services is
outside the context of an attorney-client governed by RPC 5.7. Tennessee’s Rule 5.7
relationship. RPC 8.4(c) prohibits an attorney was adopted September 29, 2010, effective
from engaging in conduct involving January 1, 2011. Tennessee follows American
dishonesty, fraud, deceit, or misrepresentation, Bar Association Model Rule 5.7, originally
adopted in 1991.3 Research revealed thirty-

1
TENN. SUP. CT. R. 8, 1.3. The Tennessee Rules of
Professional Conduct, codified at Rule 8 of the 3
For analysis of Model Rule 5.7’s legislative history,
Tennessee Supreme Court Rules, will be cited as see Howard D. Reitz, Model Rule 5.7: A Well
RPC .. Intentioned but Misdirected Reform, 5 GEO. J. LEGAL
ETHICS 975 (1992); Stephen Gillers Et Al.,
2
The provision of law-related services is governed by REGULATION OF LAWYERS: STATUTES AND
RPC 5.7. STANDARDS, 435-36 (Supp. 2016); Hugh D. Spitzer,

6|Page
eight (38) state jurisdictions that have adopted While the provision of law-related services
the model rule either verbatim or with creates potential ethical problems, RPC 5.7
modified language.4 also acknowledges and reflects the potential
benefit derived by the general public when an
Tennessee Rule of Professional Conduct 5.7(b) attorney provides such ancillary services.8 By
defines law-related services as services that clarifying the circumstances when Tennessee’s
might reasonably be performed in conjunction ethical rules relating to the attorney-client
with and in substance are related to the relationship are applicable to law-related
provision of legal services but are not services, RPC 5.7 seeks to provide attorneys
prohibited as the unauthorized practice of law with clarity about how to provide such services
when provided by a nonlawyer.5 RPC 5.7 is consistent with their overriding ethical
applicable to law-related services provided by a obligations.
lawyer even where the lawyer does not provide
any legal services to the recipient of the law- Circumstances Where Law-Related
related services, and whether the law-related Services Are Provided
services are provided through the attorney’s
law practice or a separate entity.6 Law-related services are provided in a number
of different circumstances. Law-related
Tennessee Rule of Professional Conduct 5.7 services may be integral to the attorney’s
provides a framework for defining when the ongoing work and provided on a regular basis
ethical rules limited to the attorney-client through their law practice. Attorneys regularly
relationship apply to the provision of law- providing law-related services may also provide
related services. As discussed infra, RPC 5.7 these services through the creation and
creates a default rule that all of Tennessee’s operation of a separate entity under their
ethical rules will apply when an attorney control.9 This is routinely done by real estate
provides law-related services, unless the closing attorneys that maintain a separate entity
attorney provides the law-related services for the provision of title insurance services.
distinct from their law practice, and where the The provision of law-related services is not
attorney employs reasonable measures to limited to circumstances where such services
ensure that the recipient of the services are regularly provided to clients. Attorneys
understands that the protections of the who do not incorporate law-related services
attorney-client relationship do not exist.7 into their usual legal work may occasionally
encounter circumstances where they are asked

8
Model Rule 5.7 and Lawyers in Government Jobs, 30 RPC 5.7, Comment [9] acknowledges that “a broad
GEO. J. LEGAL ETHICS 45, 52-53 (2017). range of economic and other interests of clients may
4
See ABA Jurisdictional Rules Comparison Charts, be served by lawyers’ engaging in the delivery of law
available at related services.”
https://www.americanbar.org/groups/professional_res
9
ponsibility/policy/rule_charts/. RPC 5.7, Comment [4] confirms that law-related
5
RPC 5.7(b). services may be provided through an entity distinct
6
RPC 5.7, Comment [2]. from that through which the lawyer provides legal
7
RPC 5.7(a)(1)-(2). services.

7|Page
to provide services to clients that do not rules. The attorney may not maintain file
require law licensure. Consider an attorney materials and other information consistent
whose practice is limited to probate matters. with their fiduciary duties over client property
Probate attorneys may occasionally be asked to imposed by RPC 1.15, Comment [1]10 or the
serve as trustees or may be appointed by a duty to safeguard client information imposed
tribunal to serve as the personal representative by RPC 1.6(d).11 The attorney may engage in
of an estate. the solicitation of persons for law-related
services that violates Tennessee’s advertising
Potential Ethical Problems When rules, such as live person to person solicitation
Providing Law-Related Services of an individual that is not a lawyer, a person
who routinely uses for business purposes the
The principal ethical issue created through the legal services offered by the lawyer, pursuant to
provision of law-related services is the danger a court-ordered class action notification, or
that attorneys that provide law-related services where the recipient of the solicitation has a
and clients that receive them may not be family, close person, or prior professional
cognizant of the ethical rules that apply. relationship with the lawyer.12
Because law-related services bear some
relationship to the provision of legal services, A corresponding danger is that clients
they fall within the ambiguous middle ground receiving law-related services may assume that
between an attorney’s law practice and their the protections of the attorney-client
conduct in a personal capacity. Absent relationship are applicable. Particularly when
cognizance of RPC 5.7, attorneys providing the law-related services are provided by an
law-related services might proceed with the attorney when employing an attorney’s indicia
assumption that the protections of the or where the attorney is also providing legal
attorney-client relationship are not applicable services for the same client, such an
to law-related services. assumption would be thoroughly reasonable.
Most clients are not sufficiently knowledgeable
Attorneys who proceed on the assumption that about Tennessee’s ethical rules to be aware of
the ethical rules relating to the representation most ethical duties governing law practice,
of a client do not apply to law-related services such as obligation to provide diligent
may inadvertently violate ethical rules and representation and to maintain good
deprive clients of the protections afforded by communication. However, clients may
the attorney-client relationship. An attorney generally understand that communications
providing law-related services may decline to with an attorney are confidential and
apply the conflict analysis used for their legal privileged. On this basis, the client may make
clients, and on this basis, provide law-related sensitive disclosures to the attorney in
services that run afoul of Tennessee’s conflict connection with the law-related services,

10 11
RPC 1.15, Comment [1] imposes a fiduciary RPC 1.6(d) requires attorneys to create office
obligation upon attorneys when in possession of policies and protocols to ensure the safeguarding and
client property, including client file materials. nondisclosure of client information.
12
RPC 7.3(b)(1)-(4).

8|Page
believing these disclosures are protected by needs to be given to the substantive
attorney-client privilege and the confidentiality relationship between the services and related
protections defined at RPC 1.6. legal services.

Determining Whether Services are Law- The second prong of the definition limits law-
Related Services related services to those services that are not
prohibited as the unauthorized practice of law
Determining whether services are law-related if provided by a non-lawyer. The unauthorized
services is not always straightforward. The practice of law in Tennessee is defined by
definition of law-related services provided at statute.14 The statute prohibits individuals
RPC 5.7(b) is broad, as it was intended to from engaging in the “practice of law” or “law
encompass a wide variety of services ancillary business” absent appropriate law licensure.15
to law practice. RPC 5.7 Comment [9] The “practice of law,” has the following
provides a list of examples of law-related statutory definition:
services, which includes title insurance,
financial planning, accounting, trust services, Practice of law means the appearance
real estate counseling, legislative lobbying, as an advocate in a representative
economic analysis, social work, psychological capacity or the drawing of papers,
counseling, tax preparation, and patent, pleadings or documents or the
medical, or environmental counseling. performance of any act in such capacity
However, this list is not intended to be in connection with proceedings
exhaustive.13 pending or prospective before any
court, commissioner, referee or any
Determining whether services not identified in body, board, committee or
the list of examples in Comment [9] are law- commission constituted by law or
related services requires an analysis of the two- having authority to settle controversies,
part definition at RPC 5.7(b). The first prong or the soliciting of clients directly or
of the definition limits law-related services to indirectly to provide such services.16
those “that might reasonably be performed in
conjunction with and in substance are related “Law Business” is defined as follows:
to the provision of legal services.” Considering
whether services fall within this standard will “Law business” means the advising or
require analysis of the manner that the services counseling for valuable consideration
are typically provided in the overall service of any person as to any secular law, the
marketplace, and particularly whether the drawing or the procuring of or assisting
services are frequently provided as ancillary in the drawing for valuable
services in the legal field. Consideration also consideration of any paper, document

13 15
RPC 5.7, Comment [9]. Id.
14
TENN. CODE ANN. § 23-3-103(a). See also In re
Petition of Burson, 909 S.W.2d 768 (Tenn. 1995). 16
TENN. CODE ANN. § 23-3-101(3).

9|Page
or instrument affecting or relating to action, concluding that such analysis required
secular rights, the doing of any act for the professional judgment of a lawyer.21
valuable consideration in a
representative capacity, obtaining or As the determination of whether services are
tending to secure for any person any law-related services or legal services is not
property or property rights always self-evident, there may be
whatsoever, or the soliciting of clients circumstances where an attorney provides
directly or indirectly to provide such services or decides to begin incorporating
services.17 services through their law practice or a separate
entity that at least arguably fall within the
The Tennessee Supreme Court has clarified definition. If the services at issue do not clearly
that conduct within the scope of these fall within the definition of law-related services
definitions will only constitute the and could instead reasonably be construed as
unauthorized practice of law if the act(s) at legal services, the attorney should exercise
issue require the “professional judgment of a caution in availing themselves of the exception
lawyer.”18 This statutory construction is to the applicability of all of Tennessee’s ethical
evident in In Re Petition of Burson, which rules available at RPC 5.7(a)(1)-(2). If the
involved the challenge of a statute that services at issue are deemed to be legal services
permitted non-attorney agents to appear on rather than law-related services, the exemption
behalf of taxpayers before boards of provided at RPC 5.7(a) becomes inapplicable.
equalization.19 The Tennessee Supreme Court
concluded that the statute at issue did not Providing Law-Related Services Distinct
sanction the unauthorized practice of law, as from Legal Services
the services performed for the taxpayers did
not require the professional judgment of a RPC 5.7 imposes a default rule that all of
lawyer.20 In contrast, in State of Tennessee ex Tennessee’s ethical rules will apply to the
rel. Slatery v. the Witherspoon Law Group provision of law-related services. Attorneys
PPLC, et al., the Tennessee Court of Appeals providing law-related services seeking
concluded that non-attorneys engaged in the exemption from the ethical rules that apply to
unauthorized practice of law by making attorney-client relationships must fulfill two
statements to prospective clients about the requirements. The first requirement is that the
anticipated settlement range of their cause of law-related services must be provided in a

17
TENN. CODE ANN. § 23-3-101(1). 1128847, at *6 (Tenn. Ct. App. Dec. 10, 1999)(“[t]he
18
In re Petition of Burson, 909 S.W.2d at 776 (the purpose of the statutory prohibition against the
Court noted that “the essence of professional unauthorized practice of law protects the public by
judgment is the lawyer’s educated ability to relate the ensuring that the public receives high quality legal
general body and philosophy of law to a specific services”).
19
legal problem of a client”); State of Tennessee ex rel. In re Petition of Burson, 909 S.W.2d at 776.
20
Slatery v. the Witherspoon Law Group PPLC, et al., Id. at 777.
21
700 S.W.3d 370, 384 (Tenn. Ct. App. 2022); See also State of Tennessee ex rel. Slatery v. the
Fifteenth Judicial District Unified Bar Ass’n v. Witherspoon Law Group PPLC, et al., 700 S.W.3d at
Glasgow, No. M1996-00020-COA-R3-CV, 1999 WL 384.

10 | P a g e
manner distinct from the lawyer’s provision of of both legal services and law-related services
legal services.22 in the same matter.27

The term “distinct” is not defined in In some circumstances, it may not be
Tennessee’s ethical rules. The Comments to logistically feasible to distinguish between the
RPC 5.7 provide that a principal means of provision of legal services and law-related
creating the distinction between legal services services due to the way the law-related services
and law-related services is to provide the law- are provided.28 Consider a legal services
related services through an entity under the program that provides representation to
lawyer’s control separate from their law indigent domestic violence victims in divorce
practice.23 However, Comment [3] clarifies that and order of protection matters. In addition to
the creation of such a separate entity is not providing the required legal services, the
required to facilitate the distinction between assigned staff attorney and support staff
legal services and law-related services, as it coordinate with local non-profit organizations
provides, as examples of means to effect this to provide the client with direct services, such
distinction, the creation of a separate entity or as placement in a domestic violence shelter.
“different support staff within the law firm.”24 The staff attorney and support staff may also
assist the client with application for public
Guidance on creating requisite distinction assistance benefits. These ancillary services
between legal services and law-related services would likely be deemed to fall within the
was provided by the Colorado Bar Association definition of law-related services, particularly
Ethics Committee (hereinafter, the as the list of examples provided in RPC 5.7,
“Committee”) in Formal Opinion 98 (Adopted Comment [9] includes “social work.”
17, 2015).25 The Committee, applying
Colorado’s codification of Model Rule 5.7, Given the logistics of how these services would
identified a number of factors to determine be provided, creating the distinction required
whether law-related services were provided in by RPC 5.7(a)(1) may not be feasible. If
a manner distinct from legal services, including separate staff are not used exclusively for the
the use of separate advertising, business cards, law-related services, many communications
signage, telephone reception services, and between the client and the assigned staff
internet domain names.26 The Committee attorney or support staff would likely concern
further recommended avoiding the provision both the law-related services and legal services.
Similarly, creating separate filing systems for

22
RPC 5.7(a)(1); RPC 5.7, Comment [3]: “When may be shared by the lawyer with others. RPC
law-related services are provided by a lawyer under 5.7(a)(2).
circumstances that are not distinct from the lawyer’s
24
provision of legal services to clients, the lawyer in RPC 5.7, Comment [3].
25
providing the law-related services must adhere to the Colo. Formal Op. 98 (Jan. 17, 2015).
26
requirements of the Rules of Professional Conduct.” Id.
23
RPC 5.7, Comment [3]-[4]. The lawyer may
27
exercise sole control over the entity, or the control Id.
28
RPC 5.7, Comment [8].

11 | P a g e
the legal services and law-related services might
not be logistically feasible. Notification to clients of the inapplicability of
the ethical rules relating to the attorney-client
The Reasonable Measures Required by relationship should be provided prior to
RPC 5.7(a)(2) entering into the agreement for the provision
of law-related services.34 If the recipient is not
Even when an attorney provides law-related provided with this clarification prior to the
services in a manner distinct from the commencement of the services, the recipient
provision of legal services, the attorney will may make an unintended utterance of sensitive
remain subject to all of Tennessee’s ethical information, believing that such information is
rules unless the lawyer also takes reasonable confidential and privileged, or otherwise
measures to provide assurance that the person engage in a manner detrimental to their
receiving the law-related services knows that interests.
the services are not legal services and the
protections of the attorney-client relationship The attorney should consider the legal
do not exist.29 The burden is upon the lawyer sophistication of the recipient of the services in
to show that the lawyer has taken these determining the nature of the reasonable
reasonable measures.30 measures.35 While the reasonable measures
required by RPC 5.7(a)(2) are applicable
In order to meet this requirement, the attorney regardless of the client’s sophistication, a
must communicate the implications of the fact publicly traded corporation with in-house
that the relationship between the recipient of counsel will have less of a need for explanation
law-related services and the attorney will not be of the inapplicability of the attorney-client
an attorney-client relationship.31 The relationship than a first-time purchaser of
Comments to RPC 5.7 recommend, but do not residential realty who receives title insurance
require, that this notification be reduced to services.36
writing.32 It is recommended that this
notification reference the principal distinctions Referral of Clients to A Separate Entity for
of the attorney-client relationship, such as the Provision of Law-Related Services
attorney-client privilege, confidentiality, and
conflicts of interest. Care should be taken to A lawyer providing legal services to a client
communicate the inapplicability of the ethical may refer the client to an entity controlled by
rules relating to the attorney-client relationship the lawyer that provides law-related services.
in a manner that avoids the use of legal jargon, However, if the client enters into a contractual
with the goal that the notice be comprehensible relationship with the entity to receive law-
to the typical recipient of law-related services.33 related services, the transaction must comply

29
RPC 5.7(a)(2). RPC 5.7, Comment [3]. which is defined in Tennessee’s ethical rules as
30
RPC 5.7, Comment [7]. consistent with the conduct of a reasonably prudent
31
RPC 5.7, Comment [6]. and competent lawyer. RPC 1.0(h).
32 34
Id. Id.
33 35
The measures employed to fulfill the attorney’s RPC 5.7, Comment [7].
36
obligations at RPC 5.7(a)(2) must be “reasonable,” Id.

12 | P a g e
with RPC 1.8(a), which governs the regulatory requirements that govern the
circumstance when a lawyer enters into a provision of counseling in the respective
business transaction with a client.37 RPC 1.8(a) counseling field. Attorneys who act in a
imposes requirements on the transaction to fiduciary capacity will be bound by applicable
mitigate the risk that the lawyer will use their law relating to the execution of fiduciary
legal training and the confidence established in responsibilities.43
the attorney-client relationship to exert
improper influence on the client in the As an additional consideration, an attorney
negotiation of a contractual relationship.38 exercising the exemption available at RPC
5.7(a) will remain subject to the limited ethical
RPC 1.8(a) specifically requires that the rules that apply outside the context of an
transaction and terms of the contractual attorney-client relationship when they provide
agreement are fair and reasonable to the client, law-related services. An attorney that makes a
and fully disclosed in writing in a manner that false statement in advertising law-related
the client can understand.39 The written services will not be deemed to violate RPC 7.1,
instrument governing the transaction must which prohibits an attorney from making a
advise the client of the suitability of seeking false or misleading statement about their
and a reasonable opportunity to seek the advice services. However, a false statement regarding
of independent counsel.40 The client must the law-related services could potentially fall
additionally give informed consent to the within the scope of RPC 8.4(c), which generally
essential terms of the transaction and the prohibits conduct involving dishonesty, fraud,
lawyer’s role in the transaction.41 deceit, or misrepresentation regardless of the
context where the conduct occurs.
Applicability of Ethical Requirements
Beyond Tennessee’s Ethical Rules in the Creating and Maintaining Office
Provision of Law Related Services Protocols When Providing Law-Related
Services
Even when an attorney meets the requirements
of RPC 5.7(a)(1)-(2) and Tennessee’s ethical If an attorney providing law-related services
rules that apply to the representation of a client exercises the exemption provided at RPC
are not applicable in their provision of law- 5.7(a)(2), particular care should be taken to
related services, the attorney should be create and maintain office protocols to ensure
cognizant of ethical responsibilities that may that the law-related services are distinct from
exist independent of the Tennessee Rules of any provision of legal services, and that the
Professional Conduct through other applicable reasonable measures required by RPC 5.7(a)(2)
law.42 Attorneys providing tax, financial, or are provided to the recipients of law related
other counseling services may be subject to services in a manner that can be understood by

37 41
RPC 5.7, Comment [5]. RPC 1.8(a)(3). See RPC 1.0(e) for the definition
38
RPC 1.8, Comment [1]. of “Informed consent.”
39 42
RPC 1.8(a)(1). RPC 5.7, Comment [11].
40 43
RPC 1.8(a)(2). See id.

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the recipients. Integral to these protocols is the law-related services. RPC 5.1(a) requires
need to properly train staff regarding the attorneys with managerial authority to make
inapplicability of the ethical rules relating to the reasonable measures to ensure that the firm has
attorney-client relationship. Non-attorney in effect measures giving reasonable assurance
staff hired to provide law-related services may that all lawyers in the firm conform to the
not have requisite training or experience in the Rules of Professional Conduct. RPC 5.3(a)
legal field and may otherwise not be conversant imposes the same obligation to ensure that
with Tennessee’s ethical rules. The nuanced non-lawyers act in a manner consistent with
distinction between legal services and law- Tennessee’s ethical rules. Attorneys with
related services may otherwise not be intuitive managerial authority may be vicariously
to staff. Absent adequate training, staff may responsible for disciplinary violations by
mistakenly believe that attorney-client privilege subordinate attorneys or support staff arising
attaches in communications relating to law- out of a failure to create and maintain
related services and communicate this to the appropriate protocols.45
recipient of the services.
Further Inquiry
If an attorney does not avail themselves of the
exemption available at RPC 5.7(a), their If you have questions about the content of this
obligation to create and maintain protocols to article, you may contact the author at
ensure that the office proceeds consistent with schristopher@tbpr.org or (615) 361-7500,
all of Tennessee’s ethical rules in the provision extension 203. Questions about the article may
of law-related services implicates RPC 5.1 and also be directed to the Board’s Ethics Counsel,
RPC 5.3.44 Even experienced legal staff will Laura Chastain, at lchastain@tbpr.org, or (615)
require appropriate training that all of 361-7500, extension 212.
Tennessee’s ethical rules apply to the office’s

44
RPC 5.1 and RPC 5.3 apply only in connection organization or the legal department of a corporation,
with the operation of a “firm,” which is defined at government agency, or other organization. RPC 5.1
RPC 1.0(e) as a lawyer or lawyers in a law and RPC 5.3 thereby apply only in connection with
partnership, professional corporation, sole the provision of legal services.
proprietorship, or other association authorized to
45
practice law, or lawyers employed in a legal services See RPC 5.1 and RPC 5.3.

14 | P a g e
The Board of Professional Responsibility’s
Succession Planning CLE

The Board of Professional Responsibility someone else's practice. John Dupree, a
has developed and made available on the Knoxville attorney who has previously
Board’s website a one-hour succession served as a receiver, outlines best practices
planning continuing legal education (CLE) for successfully closing a practice. This
presentation. Available to all attorneys at no succession planning CLE joins the Board’s
cost, this one-hour CLE, presented by Proactive Management Based Regulation
Disciplinary Counsel Eileen Burkhalter (PMBR) self-assessment as the second
Smith, addresses how an attorney protects online CLE offered on the Board’s website
their own interests, as well as interests of at no charge to Tennessee attorneys.
their clients and the profession; by Attorneys completing the succession
proactively planning for the transition, planning CLE will receive a confirmation
closing or selling of a law practice. The email that the attorney submits to the
Board’s CLE emphasizes the importance of Tennessee Commission on Continuing
planning ahead by designating in advance a Legal Education and Specialization to
receiver or successor attorney and provides receive one-hour dual credit.
checklists for closing one’s own office or

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Board of Professional
Responsibility

Ethics Workshop

Friday, November 21, 2025
8:00AM - 4:10PM Central Time
Nashville School of Law
4013 Armory Oaks Drive, Nashville, TN 37204
Purchase Tickets here
This is a hybrid event, with 6.5 hours dual credit, offering both in person and remote attendance
options. In-person attendance is limited to 100 attendees. The cost of attendance is $100.

Presentations:
Longevity and Brain Health: How to Empower Cognitive Fitness
Debra Austin, JD, PhD

Bio: Dr. Debra Austin, JD, PhD is a nationally Presentation: The brain is the lawyer’s most
recognized expert in professional well-being. She important asset, and neuroscience research can help
writes and speaks about how neuroscience and us understand how to empower cognitive fitness
psychology research can help law students, lawyers, during all stages of life. This session will include
and other professionals improve their performance information on brain function; stress and other risks
and well-being by enhancing brain health and mental to cognitive capacity; and a menu of science-based
strength. Full bio. recommendations to protect brain health and
enhance longevity.

Threats and Attacks on Judges, the Justice System, and Legal Institutions: Our Ethical
Obligations
Justice Holly Kirby

Bio: In 1995, at the age of 38, Justice Holly Kirby Presentation: Justice Kirby will explore individual
became a gender milestone, the first woman in and collective ethical obligations in the face of threats
Tennessee history to serve on the Tennessee Court and attacks on legal institutions, on our justice
of Appeals. In 2014, after she had served on the system, and on our judges.

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intermediate appellate court for almost 19 years,
Justice Kirby was appointed to the Tennessee
Supreme Court by Governor Bill Haslam. She served
as Chief Justice of the Supreme Court from 2023
through September 2025. Full bio.

The Changing Face of Technology and its Impact on the Practice of Law
Bill Ramsey

Bio: Bill Ramsey joined Womble Bond Dickinson in Presentation: Just when we thought we had a grip
August of this year after a successful career with Neal on the use of technology in the practice of law, along
& Harwell in Nashville. He is highly regarded in the came AI DeepFakes, social engineering, and
entertainment industry for representing prominent increasing privacy invasions. It is easy to get lost.
artists, entertainers, and key figures in the music This session will explore practical solutions and
business, including business managers, financial explore ways to avoid getting lost in the hype and
advisors, talent agents, publishers, and record labels. technical jargon.
Full bio.

Recent Developments in Lawyers Assistance Program
Buddy Stockwell

Bio: Buddy Stockwell was appointed by the Presentation: This program will highlight the
Tennessee Supreme Court on July 1, 2020, as the new following topics relating to recent developments by
Executive Director of the Tennessee Lawyers TLAP: Mental Health Challenges in the Legal
Assistance Program (TLAP). Stockwell comes from Profession; Confidential TLAP Assistance Behind
south Louisiana where he was volunteer and the Scenes; and, Best Practices in Monitoring Fitness
program monitor for the state’s Committee on to Practice.
Alcohol and Drug Abuse since 1993, and Executive
Director of Louisiana’s LAP from 2010 to 2020. Full
bio.

AI and Ethics
Lucian Pera

Bio: Lucian Pera is a partner with the Memphis Presentation: AI seems to be everywhere, in
Office of Adams & Reese, LLP. His practice includes everything, including all sorts of tools for lawyers.
legal ethics, media law, and commercial litigation. He Some are useful and cool; some maybe not so much.
represents lawyers, law firms, and others on issues of Some are dangerous; some are safer. How can
legal ethics and lawyer professional responsibility. lawyers use AI effectively, comply with the ethics
The ABA Center for Professional Responsibility has rules ranging from competence to confidentiality,
bestowed on him the prestigious Michael Franck meet their obligations to clients, and not wind up as
Award, their highest award for work in the field of the next front-page example of lawyer stupidity? Find
ethics and professional responsibility over his career. out.
Full bio.

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Not so Secret an Agent
Jim Grogan

Bio: James J. Grogan is an Illinois lawyer and Presentation: Lawyers are not spies, but they do
educator who concentrates his practice in serve as agents for a principal. This sixty-minute
professional responsibility and lawyer ethics law. Mr. session provides a comprehensive overview of the
Grogan received an undergraduate degree from obligations owed by a lawyer, as a fiduciary, to clients.
Lewis University in 1977 and his J.D. degree from There will be a focus on attorneys who represent
the Loyola University of Chicago School of Law in clients with diminished capacity and a discussion of
1980. He retired in 2019 as the Deputy Administrator recent efforts to modify the ethics rules governing
and the Chief Counsel of the Attorney Registration the representation of children, cognitively impaired
and Disciplinary Commission of the Supreme Court adults, and others with certain challenges. A
of Illinois (ARDC) where, for almost 40 years, he summary of significant recent trends in lawyer
investigated and prosecuted hundreds of charges of regulation will also be featured.
lawyer misconduct and argued dozens of disciplinary
cases in the Supreme Court of Illinois. Full bio.

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Board of Professional Responsibility

Trust Account Workshop

Wednesday, December 3, 2025
9AM - 12:30PM (Central Time)
Nashville School of Law
4013 Armory Oaks Drive, Nashville, TN 37204
Purchase Tickets here

In person participation is limited to 50 participants. Remote participation by livestream is also available. The
cost of attendance is $50.

Steven Christopher, Deputy Chief Disciplinary Counsel of Investigations, and John Gilliland, Disciplinary
Counsel in Investigations, will be presenting this CLE. The Board has received approval from the Tennessee
Commission on Continuing Legal Education for attendees to receive 3 hours of dual CLE credit for
completion of the workshop.

This CLE Program will cover the following topics:

• A summary of best practices for trust account management
• An analysis of the ethical rules governing trust accounts
• How to Prevent Trust Account Scams

Speaker Biographies

Steven J. Christopher is Deputy Chief Disciplinary Counsel of Investigations for the Board of Professional
Responsibility of the Supreme Court of Tennessee. Steve earned his J.D. degree from Harvard Law School in
2002, and also holds a Master of Divinity degree from Vanderbilt University Divinity School. Prior to being
hired at the Board in 2016, Steve was a Managing Attorney at the Legal Aid Society of Middle Tennessee and
the Cumberlands, a private non-profit law firm that provides free legal representation to indigent persons in
civil and administrative legal matters. Steve handled a wide range of legal matters as a legal services attorney,
including landlord tenant, domestic relations, and public benefits cases.

John E. Gilliland is an Investigations Disciplinary Counsel for the Board of Professional Responsibility of
the Supreme Court of Tennessee. John earned his J.D. degree from the University of Memphis in 2001. Prior
to being hired at the Board in 2025, John was a civilian attorney with the US Army then the US Air Force
after retiring as a judge advocate from the US Air Force in 2020. He has extensive experience in government
ethics, administrative law, and criminal law.

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Disciplinary and Licensure Actions
(April 2025 – September 2025)

PERMANENT DISBARMENTS

ANDY LAMAR ALLMAN, BPR NO. 017857
SUMNER COUNTY

Effective July 11, 2025, the Supreme Court of Tennessee permanently disbarred Andy Lamar Allman from
the practice of law and ordered him to pay restitution to certain complainants and all costs incurred by the
Board of Professional Responsibility in the investigation and litigation of this disciplinary matter.

The Hearing Panel found Mr. Allman failed to provide competent and diligent representation to
complainants; failed to keep them informed about their respective cases; charged certain clients an
unreasonable fee; engaged in the unauthorized practice of law while suspended by the Supreme Court; failed
to respond to the Board regarding disciplinary complaints; failed to notify clients of his suspension from the
practice of law; and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation during the
representation. Mr. Allman filed a petition for review, which the Trial Court dismissed with prejudice.

The Hearing Panel found the conduct of Mr. Allman violated Tennessee Rules of Professional Conduct 1.1
(competence), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.16 (declining and terminating representation),
5.5 (unauthorized practice of law), 8.1 (bar admissions and disciplinary matters), and 8.4 (misconduct).

JOSEPH HOUSTON CRABTREE, JR., BPR NO. 011451
MCMINN COUNTY

Effective May 16, 2025, the Supreme Court of Tennessee permanently disbarred attorney Joseph Houston
Crabtree, Jr., from the practice of law and ordered him to pay all costs and fees of the Board of Professional
Responsibility.

After a hearing upon the disciplinary petition, a Hearing Panel determined that, while representing a client in
a personal injury matter, Mr. Crabtree abandoned his client and the pending litigation, failed to respond to
subsequent communications from his client, and failed to turn over the client’s file to successor counsel after
the client necessarily retained a new attorney. Further, when Mr. Crabtree was suspended from the practice of
law, on November 22, 2022, in unrelated disciplinary proceedings, he failed to notify either his client or
opposing counsel of the suspension, as required under Tenn. Sup. Ct. R. 9, § 28 and per the terms of the
Supreme Court’s Order of Suspension. Finally, Mr. Crabtree failed to respond to the Board of Professional
Responsibility regarding these disciplinary complaints.

The appointed Hearing Panel determined that Mr. Crabtree’s actions and omissions violated Rules of
Professional Conduct 1.3 (diligence), 1.4 (communication); 1.16 (declining or terminating representation); 3.2
(expediting litigation); 3,4(c) (fairness to opposing party and counsel); 8.1(b) (disciplinary matters); and 8.4(g)
(misconduct involving failure to comply with a final court order).

20 | P a g e
Mr. Crabtree must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28, regarding
the obligations and responsibilities of disbarred attorneys.

JAMES DANIEL MARSHALL, BPR NO. 025541
DAVIDSON COUNTY

Effective May 20, 2025, the Supreme Court of Tennessee permanently disbarred James Daniel Marshall from
the practice of law and ordered restitution to former client Barbara Covington in the amount of $2,000 and
ordered Mr. Marshall to return all property taken from Ms. Covington within thirty (30) days of the entry of
the Supreme Court’s Order of Enforcement in this matter.

In a Petition for Discipline consisting of two (2) complaints, Mr. Marshall failed to communicate with his
clients, failed to respond to multiple motions filed against his clients, failed to submit timely provided
discovery responses, and failed to participate in court-scheduled conference calls. Mr. Marshall caused his
client's lawsuit to be dismissed with prejudice, failed to comply with a Court Order requiring response, failed
to preserve his client’s property, failed to respond to his disciplinary investigations, and failed to move his
clients’ cases forward.

The Hearing Panel found Mr. Marshall knowingly violated Tennessee Rules of Professional Conduct 1.1
(competence), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.15 (safekeeping property
and funds), 3.2 (expediting litigation), 3.4 (fairness to opposing party and counsel), 8.1 (bar admission and
disciplinary matters), and 8.4(a),(b),(c),(d) and (g) (misconduct).

Mr. Marshall must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28, regarding
the obligations and responsibilities of disbarred attorneys.

ALAN CHRISTOPHER NORTON, BPR NO. 037410
HAMILTON COUNTY

Effective June 4, 2025, the Supreme Court of Tennessee permanently disbarred Alan Christopher Norton
from the practice of law. Mr. Norton delivered to the Board of Professional Responsibility his Declaration in
support of Disbarment by Consent, in compliance with Tennessee Supreme Court Rule 9, Section 23.1 and
consented to disbarment because he could not successfully defend himself against charges detailed in pending
disciplinary file No. 100694-2024-3-ES-INV. Mr. Norton forged a chancellor’s signature on three court
orders, forged the name of a Tennessee attorney on a fake motion, and forged the deposition transcript he
provided to his client in violation of Rules of Professional Conduct 1.4 (communication), 8.4(b) (criminal
conduct), and 8.4(c) (conduct involving dishonesty).

On December 16, 2024, the Supreme Court of Tennessee temporarily suspended Alan Christopher Norton
from the practice of law upon finding that Mr. Norton posed a threat of substantial harm to the public. Mr.
Norton’s temporary suspension was dissolved by the June 4, 2025, Order of Enforcement.

Mr. Norton must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28 (2024),
regarding the obligations and responsibilities of disbarred attorneys and is not eligible for reinstatement to the
practice of law in this state.

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JOEL DAVID RAGLAND, BPR #012222
MONTGOMERY COUNTY

Effective October 8, 2025, the Supreme Court of Tennessee permanently disbarred Joel David Ragland from
the practice of law. Mr. Ragland delivered to the Board of Professional Responsibility his Declaration in
support of Disbarment by Consent, in compliance with Tennessee Supreme Court Rule 9, Section 23.1 and
consented to disbarment because he could not successfully defend himself against charges detailed in pending
disciplinary petition, No. 2024-3419-6-DB. Mr. Ragland misappropriated funds by writing unauthorized
checks against his firm’s trust account in violation of Rules of Professional Conduct 8.4 (misconduct).

Mr. Ragland must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28 (2024),
regarding the obligations and responsibilities of disbarred attorneys and is not eligible for reinstatement to the
practice of law in this state.

MELVIN JACOB WERNER, BPR NO. 015909
KNOX COUNTY

Effective May 19, 2025, the Supreme Court of Tennessee permanently disbarred attorney Melvin Jacob
Werner from the practice of law and ordered him to pay all costs and fees of the Board of Professional
Responsibility.

After a hearing upon the disciplinary petitions filed against Mr. Werner arising from two (2) separate
complaints of ethical misconduct, a Hearing Panel determined Mr. Werner committed fraud; made false
representations of fact; knowingly violated Massachusetts law by engaging in unlawful, unfair, or deceptive
acts or practices; misled a client in order to induce her to enter into a fraudulent investment agreement,
resulting in a loss to the client of $650,000.00; misappropriated and converted client funds without his client’s
knowledge or consent; impermissibly commingled client and personal funds; and made knowing
misrepresentations of fact to his client.

The Hearing Panel determined that Mr. Werner’s actions and omissions described herein violated
Massachusetts Rules of Supreme Judicial Court 8.4(a) (misconduct) and 8.4(c) (misconduct involving
dishonesty, fraud, deceit, or misrepresentation), and violated Tennessee Rules of Professional Conduct 1.15
(safekeeping property and funds) and 8.4(c) (misconduct involving dishonesty, fraud, deceit, or
misrepresentation).

Mr. Werner must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28, regarding
the obligations and responsibilities of disbarred attorneys.

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SUSPENSIONS

JONATHAN MARK BENFIELD, BPR NO. 018541
SHELBY COUNTY

Effective September 24, 2025, the Supreme Court of Tennessee suspended Jonathan Mark Benfield from the
practice of law for six (6) years with five (5) years being an active suspension pursuant to Tenn. Sup. Ct. R. 9,
Section 12.2, the remainder served on probation conditioned upon the appointment of a practice monitor.
As a prerequisite to seeking reinstatement from active suspension, Mr. Benfield must report to the Tennessee
Lawyers’ Assistance Program within thirty (30) days of the suspension order, attend the Board of Professional
Responsibility’s ethics workshop, take and receive a passing score on the Multistate Professional
Responsibility (MPRE) exam, provide restitution to his mother or her estate in the amount of $103,080.00
and pay all costs. Additionally, the Supreme Court of Tennessee, in complaint # 7462-9-MB and 74907-9-
MB, publicly censured Mr. Benfield.

Mr. Benfield, while acting as power of attorney, took advantage of his elderly and vulnerable mother, abused
his fiduciary relationship with his mother as power of attorney, failed to comply with court rules, and
knowingly violated his duties as a professional. Mr. Benfield practiced law while subject to an order of
suspension and failed to comply with a court order. A Hearing Panel determined the conduct of Mr. Benfield
violated Tennessee Rules of Professional Conduct 1.3 (diligence); 1.4 (communication); 1.5 (fees); 1.14
(diminished capacity); 1.15 (safekeeping of property and funds); 3.4(c) (fairness to opposing party and
counsel); 5.5 (unauthorized practice of law), and 8.4(a), (b), and (c) (misconduct).

Mr. Benfield must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

ARTHUR C. GRISHAM, Jr. BPR NO. 001071
HAMILTON COUNTY

Effective May 13, 2025, the Supreme Court of Tennessee suspended Arthur C. Grisham, Jr. from the practice
of law for five (5) years pursuant to Tenn. Sup. Ct. R. 9. As a condition precedent to reinstatement Mr.
Grisham must pay restitution to both complainants. Following successful reinstatement Mr. Grisham shall
be required to use a practice monitor for one (1) year.

A Petition for Discipline containing two (2) complaints was filed by the Board alleging Mr. Grisham failed to
reasonably communicate with his clients regarding the status of their case; failed to act in a diligent manner
and expedite the clients’ litigation; failed to abide by court orders, charged unreasonable fees; failed to
safeguard client funds; failed to provide required information to successor attorneys; was found in both civil
and criminal contempt; and abused his position as executor by withdrawing estate funds without court order
and caused estate insolvency. A Hearing Panel determined that Mr. Grisham’s conduct violated Tennessee
Rules of Professional Conduct 1.1 (competence); 1.3 (diligence); 1.4 (communication); 1.5 (fees); 3.2
(expediting litigation); 3.4 (fairness to opposing party and counsel); and 8.4 (misconduct).

Mr. Grisham must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

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LINN MARIE GUERRERO, BPR NO. 033320
KNOX COUNTY

Effective May 16, 2025, the Supreme Court of Tennessee suspended Linn Marie Guerrero from the practice
of law for five (5) years, with two (2) years to be served as an active suspension, pursuant to Tennessee
Supreme Court Rule 9, Section 12.2, and the remainder to be served on probation with conditions including
engagement of a practice monitor and payment of all Board costs and expenses.

In disciplinary matters arising from five (5) separate complaints of misconduct, Ms. Guerrero engaged in
conduct that involved significant conflicts of interest between clients in adverse positions, entered into fee
agreements without client authorization, charged excessive and unreasonable fees unsupported by billing
records, and abused her fiduciary relationship. Ms. Guerrero further failed to reasonably communicate with
or diligently represent clients, failed to protect her client’s interests after withdrawing from matters, and
abandoned client matters without returning the client’s property or otherwise protecting their interests.

Ms. Guerrero executed a Conditional Guilty Plea acknowledging her misconduct violated Tennessee Rules of
Professional Conduct (“RPC”) 1.2 (scope of representation), 1.3 (diligence), 1.4 (communications), 1.5 (fees),
1,7 (conflict of interest: current clients), 1.8 (conflict of interest: specific rules), 1.9 (duties to former clients),
1.16 (terminating representation), 3.2 (expediting litigation), and 8.4(c) and (d) (misconduct).

Ms. Guerrero must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

STEVEN MICHAEL HODGEN, BPR NO. 025456
HAMILTON COUNTY

Effective August 15, 2025, the Supreme Court of Tennessee suspended Steven Michael Hodgen from the
practice of law for six (6) years with five (5) years as an active suspension pursuant to Tenn. Sup. Ct. R. 9,
Section 12.2, and the remainder served on probation conditioned upon the appointment of a practice
monitor.

A Petition for Discipline containing one complaint was filed by the Board alleging Mr. Hodgen indicated in
court pleadings that he represented a party that he had never spoken with and that following the improper
representation then failed to reasonably communicate with the client regarding the status of the case; failed to
act in a diligent manner and expedite the client’s litigation; failed to timely respond to dispositive motions;
failed to discuss any aspects of the case and filings with the complainant; abandoned the complainant and/or
prejudiced the rights of a third party. After a hearing on the merits, the Hearing Panel determined the
conduct of Mr. Hodgen violated Tennessee Rules of Professional Conduct 1.1 (competence); 1.2 (scope of
representation); 1.3 (diligence); 1.4 (communication); 3.2 (expediting litigation); 3.3 (candor to the tribunal);
3.4(d) (fairness to opposing party and counsel); and 8.4(a), (c), and (d) (misconduct).

Mr. Hodgen must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

24 | P a g e
RAY HAL JENKINS, BPR NO. 019113
KNOX COUNTY

Effective August 18, 2025, the Supreme Court of Tennessee suspended Ray Hal Jenkins from the practice of
law for two (2) years as an active suspension with conditions precedent to reinstatement pursuant to
Tennessee Supreme Court Rule 9, Section 12.2.

A Petition for Discipline was filed by the Board, containing one complaint that Mr. Jenkins committed
professional misconduct by consuming alcohol on several occasions while performing his duties as Judicial
Magistrate for Knox County. By these actions, Mr. Jenkins violated Tennessee Rule of Professional Conduct
8.4 (misconduct).

Mr. Jenkins must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

JAMES BRODERICK JOHNSON, BPR NO. 015509
DAVIDSON COUNTY

On September 19, 2025, the Supreme Court of Tennessee suspended James Broderick Johnson for three (3)
months, with thirty (30) days served as an active suspension and the remaining time served on probation.
The Supreme Court upheld the decision of the Davidson County Circuit Court and the disciplinary Hearing
Panel, finding that Mr. Johnson violated the Rules of Professional Conduct when he publicly filed
confidential communications between him and his client as an exhibit to a motion to withdraw. The Court
found Mr. Johnson’s conduct violated Rules of Professional Conduct 1.6 (confidentiality of information);
1.16 (declining or terminating representation); and 8.4(d) (misconduct).

Mr. Johnson must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

MITCHELL RAY MILLER, BPR NO. 036126
DAVIDSON COUNTY

Effective September 5, 2025, the Supreme Court of Tennessee suspended Mitchell Ray Miller, who now
works in Williamson County, from the practice of law for two (2) years, pursuant to Tennessee Supreme
Court Rule 9, Section 12.2, with a four (4) month period served as an active suspension, and the remainder
served as a probationary suspension with conditions including engagement of a practice monitor and
obtaining additional continuing legal education.

In seven (7) separate matters, Mr. Miller represented clients in civil matters and accepted payment for
attorney fees but then either failed to perform the work for which he was retained, failed to appear at
scheduled hearings, failed to reasonably communicate with clients, or unreasonably delayed matters through a
pattern of neglect, resulting in actual or potential harm to multiple clients. Additionally, Mr. Miller on
repeated occasions failed to respond timely to Board inquiries. However, Mr. Miller did ultimately refund all
unearned attorney fees.

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Mr. Miller executed a Conditional Guilty Plea acknowledging his conduct violated Tennessee Rules of
Professional Conduct 1.3 (diligence), 1.4 (communications), 1.16 (terminating representation), 3.2 (expediting
litigation), 8.1 (disciplinary matters), and 8.4(d) (misconduct prejudicial to the administration of justice).

Mr. Miller must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

DALE GERARD NOWICKI, BPR NO. 036672
TENNESSEE

Effective May 13, 2025, Dale Gerard Nowicki, a resident of La Mirada, California was suspended by Order of
Reciprocal Discipline entered by the Supreme Court of Tennessee on May 13, 2025. A two (2) year
suspension with ninety (90) days active suspension and remainder on probation with certain conditions, was
imposed by the Supreme Court of California by judgment entered January 6, 2025. On May 13, 2025, the
Supreme Court of Tennessee entered a Notice of Reciprocal Discipline suspending Mr. Nowicki for two
years, with the first ninety (90) days served on active suspension retroactive to the date of suspension in
California, and the remainder on probation, subject to the conditions specified in the January 6, 2025, Order.
Mr. Nowicki was also ordered to pay court costs within thirty (30) days of the entry of the order.

Mr. Nowicki must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and reinstatement.

ANDRE CHASE RABIDEAU, BPR NO. 036907
RUTHERFORD COUNTY

Effective August 29, 2025, the Supreme Court of Tennessee suspended Andre Chase Rabideau from the
practice of law for seven (7) years, the entirety of which is an active suspension pursuant to Tennessee
Supreme Court Rule 9, Section 12.2. Mr. Rabideau must satisfy certain conditions prior to seeking
reinstatement, including completion of a practice and professional enhancement program, contacting the
Tennessee Lawyer Assistance Program, completing any requirements imposed by the Tennessee Lawyer
Assistance Program, and paying restitution payments to the four (4) former clients. Upon his reinstatement to
the practice of law, Mr. Rabideau must engage a practice monitor for two (2) years.

A Petition for Discipline containing seven (7) complaints was filed by the Board of Professional
Responsibility against Mr. Rabideau. The Hearing Panel concluded that Mr. Rabideau failed to represent his
clients in a diligent manner; failed to reasonably communicate with his clients regarding the status of their
case; repeatedly made misrepresentations to clients concerning court dates and filings with the court;
misrepresented the status of his license to a court; engaged in the unauthorized practice of law; accepted fees
but failed to provide the professional services for which he had been retained; failed to inform his clients of
his administrative suspension from the practice of law and withdraw from representation; and abandoned his
representation of clients without notice to clients or permission of court. The Hearing Panel found Mr.
Rabideau violated Tennessee Rules of Professional Conduct 1.1 (competence), 1.3 (diligence), 1.4
(communication), 1.5 (fees), 1.15 (safekeeping property and funds), 1.16 (declining or terminating
representation), 3.2 (expediting litigation), 3.4 (fairness to opposing party and counsel), 5.5 (unauthorized
practice of law), 8.1(b) (misconduct), and 8.4 (c), (d), and (g) (misconduct).

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Mr. Rabideau must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

ARCHIE SANDERS, III, BPR NO. 012784
SHELBY COUNTY

Effective May 27, 2025, the Supreme Court of Tennessee suspended Archie Sanders, III, from the practice of
law for one (1) year, pursuant to Tennessee Supreme Court Rule 9, Section 12.2, with a two (2) month period
served as an active suspension, and the remainder served as a probationary suspension under the terms
below.

In a probate matter, Mr. Sanders unreasonably delayed filing the petition to probate, unreasonably delayed
seeking partition of certain real property in the estate, failed to communicate reasonably with his clients, and
failed to properly conclude representation of the clients. In a separate matter involving litigation with an
insurance company which extended over a period of twenty (20) years, Mr. Sanders failed to communicate
reasonably with his clients, failed to diligently perform the work necessary for the representation, and failed to
reasonably expedite the litigation.

Mr. Sanders executed a Conditional Guilty Plea acknowledging his conduct violated Tennessee Rules of
Professional Conduct 1.3 (diligence), 1.4 (communications), 1.16 (terminating representation), 3.2 (expediting
litigation), and 8.4(d) (misconduct prejudicial to the administration of justice).

Mr. Sanders must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

WESLEY SHELMAN SPEARS, BPR NO. 009291
TENNESSEE

By Order of Reciprocal Discipline entered by the Supreme Court of Tennessee on September 16, 2025,
Wesley Shelman Spears, a resident of Hartford, Connecticut, was suspended for one (1) year, consecutive to
the two (2) year suspension Mr. Spears is currently subject to in Office of Chief Disciplinary Counsel v. Wesley S.
Spears, Docket No. CV-22-6160733-S. Mr. Spears received the one (1) year suspension in Office of Chief
Disciplinary Counsel v. Wesley S. Spears, Docket No. UWY-CV-24-6081813-S, from the State of Connecticut
Superior Court, Judicial District of Waterbury by Memorandum of Decision entered April 3, 2025. On July
15, 2025, the Supreme Court of Tennessee entered a Notice of Reciprocal Discipline directing Mr. Spears to
demonstrate to the Court why the discipline imposed by the State of Connecticut Superior Court should not
be imposed by the Supreme Court of Tennessee. Mr. Spears failed to respond to the directive of the Court.

Mr. Spears must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

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JARED MICHAEL STREICH, BPR NO. 034551
RUTHERFORD COUNTY

Effective June 13, 2025, the Supreme Court of Tennessee suspended Jared Michael Streich from the practice
of law for six (6) years with five (5) years being an active suspension pursuant to Tenn. Sup. Ct. R. 9, Section
12.2, restitution to two former clients and, if successfully reinstated, the remainder served on probation
conditioned upon the appointment of a practice monitor.

A Disciplinary Petition containing two (2) complaints was filed by the Board of Professional Responsibility
against Mr. Streich. The Hearing Panel concluded that Mr. Streich failed to reasonably communicate with his
clients regarding the status of their case, failed to act in a diligent manner and expedite the clients’ litigation,
failed to act competently, failed to comply with his requirements as a suspended attorney, failed to return
client property, charged an unreasonable fee, and provided false information to the Board of Professional
Responsibility. The Hearing Panel found Mr. Streich violated Tennessee Rules of Professional Conduct 1.1
(competence); 1.3 (diligence); 1.4 (communication); 1.5 (fees); 1.15 (safekeeping property and funds); 1.16
(declining or terminating representation); 3.2 (expediting litigation); 3.4 (fairness to opposing party and
counsel); and 8.4 (misconduct).

Mr. Streich must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28 and 30.4,
regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.

SAMUEL ERVIN WHITE, BPR NO. 029973
SULLIVAN COUNTY

Effective June 26, 2025, the Supreme Court of Tennessee suspended Samuel Ervin White from the practice
of law for five (5) years pursuant to Tennessee Supreme Court Rule 9, Section 12.2, with two (2) years active
suspension, and the remainder served on probation pursuant to Tennessee Supreme Court Rule 9, Section
14.1. The Supreme Court further ordered Mr. White to engage a practice monitor and pay restitution to
clients and costs in the disciplinary matter.

A Petition for Discipline containing five (5) complaints was filed by the Board alleging Mr. White
failed to reasonably communicate with his clients regarding the status of their case, failed to act in a diligent
manner, failed to expedite client litigation, failed to timely respond to discovery requests, charged a non-
refundable fee without the client executing a written agreement, charged an unreasonable fee, comingled
client assets, misappropriated client funds, and failed to withdraw from representation following suspension.

Mr. White executed a conditional guilty plea acknowledging his conduct violated Tennessee
Rules of Professional Conduct 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.16 (terminating
representation), 3.2 (expediting litigation), 3.4(c) (knowingly disobeying obligation under rules of tribunal), 4.1
(truthfulness in statements to others), and 8.4(a)(d) (misconduct).

Mr. White must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28
and 30.4, regarding the obligations and responsibilities of suspended attorneys and the procedure for
reinstatement.

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TEMPORARY SUSPENSIONS

ANDREWNETTA MELISSA BOYD, BPR NO. 025894
SHELBY COUNTY

On September 9, 2025, the Supreme Court of Tennessee temporarily suspended Andrewnetta Melissa Boyd
from the practice of law upon finding that Ms. Boyd failed to respond to the Board of Professional
Responsibility concerning one (1) complaint of misconduct. This temporary suspension is in addition to Ms.
Boyd’s administrative suspension, entered August 20, 2024, for failure to complete her annual Continuing
Legal Education obligations.

Ms. Boyd shall comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 12.3(d),
regarding the obligations and responsibilities of temporarily suspended attorneys and the procedure for
reinstatement.

This suspension remains in effect until dissolution or modification by the Supreme Court. Ms. Boyd may, for
good cause, request dissolution or modification of the temporary suspension by petition to the Supreme
Court.

WILLIAM SHEA FORGETY, BPR NO. 034235
SUMNER COUNTY

On September 9, 2025, the Supreme Court of Tennessee temporarily suspended William Shea Forgety from
the practice of law upon finding that Mr. Forgety failed to respond to the Board of Professional
Responsibility concerning a complaint of misconduct.

Mr. Forgety is immediately precluded from accepting any new cases, and he must cease representing existing
clients by October 9, 2025. After October 9, 2025, Mr. Forgety shall not use any indicia of lawyer, legal
assistant, or law clerk, nor maintain a presence where the practice of law is conducted. Mr. Forgety shall
notify all clients being represented in pending matters, as well as co-counsel and opposing counsel, of the
Supreme Court’s Order suspending his law license and shall deliver to all clients any papers or property to
which they are entitled.

Mr. Forgety shall comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 12.3(d),
regarding the obligations and responsibilities of temporarily suspended attorneys and the procedure for
reinstatement.

This suspension remains in effect until dissolution or modification by the Supreme Court. Mr. Forgety may,
for good cause, request dissolution or modification of the suspension by petition to the Supreme Court.

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MICHAEL LLOYD FREEMAN, BPR NO. 028698
DAVIDSON COUNTY

On September 3, 2025, the Supreme Court of Tennessee temporarily suspended Michael Llyod Freeman
from the practice of law upon finding that Mr. Freeman failed to respond to the Board of Professional
Responsibility concerning four (4) complaints of misconduct.

Mr. Freeman is immediately precluded from accepting any new cases, and he must cease representing existing
clients by October 3, 2025. After October 3, 2025, Mr. Freeman shall not use any indicia of lawyer, legal
assistant, or law clerk, nor maintain a presence where the practice of law is conducted. Mr. Freeman shall
notify all clients being represented in pending matters, as well as co-counsel and opposing counsel, of the
Supreme Court’s Order suspending his law license and shall deliver to all clients any papers or property to
which they are entitled.

Mr. Freeman shall comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and
12.3(d), regarding the obligations and responsibilities of temporarily suspended attorneys and the procedure
for reinstatement.

This suspension remains in effect until dissolution or modification by the Supreme Court. Mr. Freeman may,
for good cause, request dissolution or modification of the suspension by petition to the Supreme Court.

MARY KATHRYN KENT, BPR NO. 016774
SHELBY COUNTY

On July 15, 2025, the Supreme Court of Tennessee temporarily suspended Mary Kathryn Kent from the
practice of law upon finding that Ms. Kent failed to respond to the Board of Professional Responsibility
concerning a complaint of misconduct.

Ms. Kent is immediately precluded from accepting any new cases, and she must cease representing existing
clients by August 14, 2025. After August 14, 2025, Ms. Kent shall not use any indicia of lawyer, legal
assistant, or law clerk, nor maintain a presence where the practice of law is conducted. Ms. Kent shall notify
all clients being represented in pending matters, as well as co-counsel and opposing counsel, of the Supreme
Court’s Order suspending her law license and shall deliver to all clients any papers or property to which they
are entitled.

Ms. Kent shall comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 12.3(d),
regarding the obligations and responsibilities of temporarily suspended attorneys and the procedure for
reinstatement.

This suspension remains in effect until dissolution or modification by the Supreme Court. Ms. Kent may, for
good cause, request dissolution or modification of the suspension by petition to the Supreme Court.

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PUBLIC CENSURES

DANIEL OLEN BARHAM, BPR NO. 034103
WILLIAMSON COUNTY
On March 20, 2025, Daniel Olen Barham, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Tennessee Board of Professional Responsibility.

Mr. Barham, along with two other attorneys in his firm, represented two clients in a breach of contact related
to the manufacturing and sale of COVID-19 Test Kits. On or about July 3, 2020, the Court appointed a
Custodian and entered an Order enjoining the clients from dissipating any corporate assets outside the
ordinary course of business. The Order further directed that any profits collected or derived from the sale of
the Test Kits be surrendered to the Custodian. In or about February 2021, the clients received $700,000.00 in
partial settlement of a claim against a third party related to the sale of certain Test Kits sold prior to the entry
of the July 3, 2020, Order. The funds were deposited into the law firm’s trust account without notice to the
Custodian, opposing counsel, or the Court. A motion for contempt was filed by opposing counsel and a
hearing was held on April 6, 2022. At the contempt hearing, Mr. Barham argued the court order was unclear
but acknowledged the Test Kits at issue were the subject of the original hearing wherein the injunction was
issued.

Mr. Barham’s failure to timely notify the Court, the Custodian and opposing counsel of the receipt of an asset
subject to the Order entered by the Court on July 3, 2020, and request authorization from the Court to
deposit the settlement funds in the law firm’s trust account for his clients’ use in the ordinary course of
business violated Rules of Professional Conduct, 3.4 (Fairness to Opposing Party and Counsel) and 8.4(d)
(Misconduct).

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

WILLIAM CLARK BARNES, JR., BPR NO. 011399
MAURY COUNTY

On July 24, 2025, William Clark Barnes, Jr., an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Barnes was representing a juvenile at a detention hearing in juvenile court. As part of the detention
hearing, the parties were looking for viable options to place the juvenile as an alternative to Juvenile
Detention. Eventually, Mr. Barnes was able to secure placement for the juvenile with a family member. Mr.
Barnes informed the Magistrate that there was an agreement between the parties for placement of the
juvenile; however, Mr. Barnes had not discussed this placement with the opposing attorney. The Magistrate
drafted the Order and gave it to Mr. Barnes to sign. Mr. Barnes signed his name and also signed the opposing
attorney’s signature. Mr. Barnes did not have permission to sign the opposing attorney’s signature.

By these acts, Mr. Barnes has violated Rules of Professional Conduct 3.3 (candor towards the tribunal), 3.4
(fairness to opposing party and counsel), and 8.4 (misconduct) and is hereby Publicly Censured for these
violations.

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

LENA ANN GRAVES BUCK, BPR NO. 014764
DEKALB COUNTY

On July 9, 2025, Lena Ann Graves Buck, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Ms. Buck provided consultation regarding a workers’ compensation case to a client. While the client never
signed a retainer agreement nor paid an attorney fee, between late 2020 and mid-2021, Ms. Buck met with the
client on three (3) occasions, where she provided legal advice regarding workers’ compensation and social
security disability issues. Their second meeting was held the month before client’s statute of limitations ran
to file his workers’ compensation claim with the third meeting being held the month after the statute ran.
During that time and over the next three (3) years, while Ms. Buck represented the client in a disability claim,
the client believed Ms. Buck was also acting as client’s attorney in the workers’ compensation matter. Ms.
Buck discussed the workers’ compensation issue with the client at both 2021 meetings, but failed to keep the
client apprised of the statute of limitations deadline. The client did not discover the deadline had passed until
mid-2024.

Thereafter, Ms. Buck entered into a business transaction with the client without first advising the client in
writing of the desirability of seeking or giving the client a reasonable opportunity to seek the advice of
independent legal counsel on the transaction.

By these acts, Ms. Buck has violated Rules of Professional Conduct 1.1 (competence), 1.3 (diligence), 1.4
(communication), 1.8(a)(2) (conflict of interest), and 8.4(d) (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.

ZACHARY TY CARDEN, BPR NO. 036752
DAVIDSON COUNTY

On July 9, 2025, Zachary Ty Carden, #036752, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Carden represented a client in a contested divorce action. Mr. Carden failed to take proper action to
submit his client’s discovery responses, resulting in the entry of a judgment against his client for opposing
counsel’s fees. After the divorce action settled through mediation, Mr. Carden failed to take action to facilitate
entry of the final divorce decree and did not respond to his client’s requests for information, resulting in delay
in the finalization of the divorce action.

By these acts, Mr. Carden has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication), and 3.2
(expediting litigation) and is hereby Publicly Censured for these violations.

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

TERRY RENEASE CLAYTON, BPR NO. 012392
DAVIDSON COUNTY

On July 28, 2025, Terry Renease Clayton, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Supreme Court of Tennessee.

Mr. Clayton engaged in the unauthorized practice of law between January 22, 2024, and February 22, 2024,
while his license was suspended by Order of the Tennessee Supreme Court. Mr. Clayton entered a
Conditional Guilty Plea admitting his conduct violated Tennessee Rules of Professional Conduct 5.5
(unauthorized practice of law) and 8.4(a) (misconduct). Mr. Clayton is responsible for Board costs and
Tennessee Supreme Court fees.

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

ZACHERY STEVEN DARNELL, BPR NO. 035914
HAMILTON COUNTY

On March 20, 2025, Zachery Steven Darnell, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Tennessee Board of Professional Responsibility.

Mr. Darnell, along with two other attorneys in his firm, represented two clients in a breach of contact related
to the manufacturing and sale of COVID-19 Test Kits. On or about July 3, 2020, the Court appointed a
Custodian and entered an Order enjoining the clients from dissipating any corporate assets outside the
ordinary course of business. The Order further directed that any profits collected or derived from the sale of
the Test Kits be surrendered to the Custodian. In or about February 2021, the clients received $700,000.00 in
partial settlement of a claim against a third party related to the sale of certain Test Kits sold prior to the entry
of the July 3, 2020, Order. The funds were deposited into the law firm’s trust account without notice to the
Custodian, opposing counsel, or the Court. A motion for contempt was filed by opposing counsel and a
hearing was held on April 6, 2022. At the contempt hearing, Mr. Barham argued the court order was unclear
but acknowledged the Test Kits at issue were the subject of the original hearing wherein the injunction was
issued.

Mr. Darnell’s failure to timely notify the Court, the Custodian and opposing counsel of the receipt of an asset
subject to the Order entered by the Court on July 3, 2020, and request authorization from the Court to
deposit the settlement funds in the law firm’s trust account for his clients’ use in the ordinary course of
business violated Rules of Professional Conduct, 3.4 (Fairness to Opposing Party and Counsel) and 8.4(d)
(Misconduct).

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

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JONATHAN WILLIAM DOOLAN, BPR NO. 024397
KNOX COUNTY

On July 15, 2025, Jonathan William Doolan, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Doolan filed a lawsuit for a client in Knox County Circuit Court, and an answer was filed. Mr. Doolan
took no further action. Three years later, the Court issued a notice of a trial date. Mr. Doolan did not appear
at the scheduled trial. Neither opposing counsel nor the Court was aware of the suspension of Mr. Doolan’s
license. The lawsuit was dismissed.

By these acts, Jonathan William Doolan has violated Rules of Professional Conduct 1.1 (competence), 1.3
(diligence), 1.16 (termination of representation), 3.2 (expediting litigation), 3.4 (fairness to opposing party), 8.1
(disciplinary matters), and 8.4 (prejudice to the administration of justice) 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.

RICHARD LAMAR DUGGER, BPR NO. 006605
BEDFORD COUNTY

On April 9, 2025, Richard Lamar Dugger, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Dugger represented one client in a bankruptcy case and a second client in a landlord tenant case. In the
first complaint, Mr. Dugger failed to include his client’s home in the bankruptcy matter which resulted in his
client’s home being foreclosed. In the second file, Mr. Dugger failed to appear in court, failed to take action
following the entry of an adverse judgment against his client, and delayed the outcome of the case.

By these acts, Mr. Dugger has violated Rules of Professional Conduct Rules of Professional Conduct 1.1
(competence), 1.3 (diligence), 3.2 (expediting litigation), and 3.4 (fairness to opposing party and counsel) and
is hereby Publicly Censured for this violation.

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

MITCHELL JEFFERY FERGUSON, BPR NO. 024960
WILSON COUNTY

On April 17, 2025, Mitchell Jeffery Ferguson, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Ferguson was court appointed to represent a client who was charged with several felonies, including First
Degree Murder, which carried a potential life sentence. During the representation, Mr. Ferguson failed to
appear for multiple court hearings and failed to communicate with the Court and his client about hearing
dates and absences. Mr. Ferguson failed to provide communication or copies of any legal documents to the
client and failed to meet with the client for trial preparation. Mr. Ferguson’s inaction resulted in multiple
continuances, the Court’s removal of Mr. Ferguson from the client’s case, and postponement of the client’s

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murder trial, thereby prejudicing the administration of justice. The Court also instructed Mr. Ferguson that
he was no longer permitted to appear on matters pending before that Court.

By these acts, Mr. Ferguson has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication),
3.2 (expediting litigation), and 8.4(d) (prejudice to administration of justice) and is hereby Publicly Censured
for this violation.

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

STEVEN CARL FRAZIER, BPR NO. 007098
SULLIVAN COUNTY

On April 17, 2025, Steven Carl Frazier, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Frazier was retained by a client for representation in a property boundary dispute in Hawkins County.
Mr. Frazier received a $5000 retainer fee from the client, which he deposited directly to his operating account.
Because Mr. Frazier did not obtain a writing signed by the client explaining the parties’ intent and amount of
non-refundable funds the payment was not a non-refundable retainer. As a minimum retainer fee, Mr.
Frazier failed to deposit the funds into his trust account and wrongfully commingled the client funds with his
own. Mr. Frazier did not track his time nor issue an invoice reflecting the legal services provided to the client
nor his fees earned. Mr. Frazier did not communicate to his client the basis or rate of his fee and expenses
for which the client would be responsible, making his fee unreasonable. While Mr. Frazier offered to refund
one-half of the client’s fees, the offer was after three years following the client’s filing of a disciplinary
complaint, and the fees were never refunded. In addition, while Mr. Frazier was under an obligation to
maintain communication with his client until the representation was terminated or complete, he stopped
responding to the client’s requests for updates and took no further action on the client’s behalf.

By these acts, Mr. Frazier has violated Rules of Professional Conduct 1.4(a) (communication), 1.5(a) & (b)
(fees), and 1.15(a) & (b) (safekeeping property and funds) and for these violations is hereby Publicly Censured
with the condition that he refund to the client $2500.00 within thirty (30) days hereof.

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

ROBERT ANDREW FREE, BPR NO. 030513
DEKALB COUNTY

On July 24, 2025, Robert Andrew Free, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Free was representing a client in immigration court and agreed to assist the client in the filing of a U visa
if retained but failed to clearly communicate and memorialize the agreement with the client, such that it left
the client under the inaccurate impression that he would provide this service. Mr. Free failed to file the
appropriate paperwork with the agency and failed to communicate with his client throughout the

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representation. Additionally, Mr. Free either lost or misplaced the client’s file and was never able to provide
her with a copy of her file.

By these acts, Mr. Free has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication), 1.15
(safekeeping property and funds), and 1.16 (declining or terminating representation), 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.

MARK STEVEN GRAHAM, BPR NO. 011505
KNOX COUNTY

On July 29, 2025, Mark Steven Graham an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Graham wrote a check from his trust account to pay an office expense. Five months later, three
automated withdrawals were attempted from the trust account, one of which was paid. Mr. Graham’s law
license is suspended, and he failed to deactivate his office website for at least 20 months. His social media
has incorrectly indicated for at least 34 months that his law license is active.

By these acts, Mark Steven Graham has violated Rules of Professional Conduct 1.15 (safekeeping funds), 7.1
(communications concerning a lawyer’s services), 3.4 (fairness to opposing party), and 8.4(g) (failure to
comply with a court order) 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.

ROBERT GREENE, BPR NO. 006515
DAVIDSON COUNTY

On June 25, 2025, Robert Greene, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Greene represented clients in defense of a lawsuit in General Sessions Court. Due to an error in his
calendaring of the trial date, Mr. Greene and his clients did not appear at trial, resulting in the entry of a
default judgment. Mr. Greene was not forthright in his subsequent communications with his clients that the
trial date was missed solely due to his own scheduling error.

Mr. Greene filed a motion to set aside the default judgment. The motion was frivolous, as it was untimely
filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit affixed
to the motion, Mr. Greene falsely claimed that the trial date was missed due to confusion with opposing
counsel rather than Mr. Greene’s own scheduling error. Mr. Greene also later filed a motion to withdraw that
falsely claimed that Mr. Greene’s clients failed to provide documentation in support of their factual position
that would have been asserted at trial.

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Mr. Greene paid a significant portion of the judgment out of his own personal funds, without prior notice or
consent from his clients. A settlement was subsequently reached where Mr. Greene’s clients paid the
remaining portion of the judgment.

By these acts, Mr. Greene has violated Rules of Professional Conduct 1.1 (competence), 1.2(a) (complying with a
client’s decision regarding a settlement), 1.3 (diligence), 1.4 (communication), 1.8(e) (financial assistance to a client in connection
with pending or prospective litigation), 1.16(d) (declining or terminating representation), 3.1 (meritorious claims), 3.3(a)(1)
(misrepresentation to a tribunal), and 8.4 (dishonesty) 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.

DARRYL WAYNE HUMPHREY, BPR #016471
SHELBY COUNTY

On July 3, 2025, Darryl Wayne Humphrey, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Humphrey took over representation of a personal injury client in his colleague’s absence, entering his
appearance as attorney of record. During his representation, Mr. Humphrey negligently failed to file all of the
discovery responses and to reply to opposing counsel’s discovery inquiries, which led to a motion to compel
being filed against the client. Mr. Humphrey failed to notify the client of the motion and of the subsequent
court ruling that the client pay the opposing party’s attorney fees. Mr. Humphrey’s failure to maintain
communication with opposing counsel regarding discovery resulted in injury or potential injury to the client
through the motion to compel and attorney fee sanction issued to the client.

By these acts, Mr. Humphrey has violated Rules of Professional Conduct 1.3 (diligence), 1.4(a)
(communication), and 8.4(d) (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.

ROGER DAVID HYMAN, BPR NO. 011002
KNOX COUNTY

On April 28, 2025, Roger David Hyman, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Supreme Court of Tennessee and was ordered to pay the costs and fees of the Board of
Professional Responsibility.

Mr. Hyman represented a client in a contested divorce matter. After a settlement was reached, Mr. Hyman’s
client instructed him to withdraw from the tentative agreement. However, Mr. Hyman failed to promptly
communicate with opposing counsel as to his client’s desire to withdraw from the agreement and failed to
take any other action to protect his client’s interests, causing his client potential injury.

Mr. Hyman executed a conditional guilty plea acknowledging his conduct violated Rules of Professional
Conduct 1.2 (scope of representation) and 1.4 (communication).

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

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MARTI LEE KAUFMAN, BPR NO. 011555
SHELBY COUNTY

On April 25, 2025, Marti Lee Kaufman, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Ms. Kaufman represented a client in a car wreck matter in which the insurer for the other driver accepted
responsibility. Ms. Kaufman delayed 17 months in filing the lawsuit and then failed to properly serve the
defendant. Ms. Kaufman later entered into an agreement with the client to settle a potential malpractice
claim. In a second matter, Ms. Kaufman represented a client in a car accident matter in which she took no
action for 17 months, and then took no further action after filing a complaint. In a third matter, Ms.
Kaufman was hired to represent a client in a civil fraud matter, and she failed to take any action for 30
months. Ms. Kaufman later refunded the client’s retainer.

By the aforementioned acts, Marti Lee Kaufman has violated Rules of Professional Conduct 1.3 (diligence),
1.4 (communication), 3.2 (expediting litigation), and 8.4 (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.

TERRANCE EARL MCNABB, BPR NO. 002592
CHEATHAM COUNTY

On September 18, 2025, Terrance Earl McNabb, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

In April 2024, Mr. McNabb was hired to file a child custody modification with the Robertson County
Juvenile Court. In his representation of a client in Juvenile Court, Terrance McNabb failed to assert multiple
constitutional claims that by law may have resulted in the temporary order being thrown out based on lack of
service and lack of validity past 72-hours allowed for an ex parte order. Mr. McNabb also failed to raise a
claim for failure to prosecute and for father’s lack of parentage being established, which under Tennessee law
could have resulted in an immediate return of custody to his client. Mr. McNabb’s failure to assert these
various claims and defenses resulted in lost opportunity for his client, as once he filed the petition to modify,
the court treated it as a counter-petition to the 2021 petition. Mr. McNabb’s actions also resulted in financial
harm to his client who paid an unnecessary filing fee and additional attorney fees to a second attorney to
address Mr. McNabb’s errors.

By these acts, Mr. McNabb has violated Rules of Professional Conduct 1.1 (competence), 1.3 (diligence),
1.4(a) (communication), and 8.4(d) (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.

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MITCHELL RAY MILLER, BPR NO. 036126
DAVIDSON COUNTY

On July 14, 2025, Mitchell Ray Miller, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Miller was hired to probate an estate. The client paid a fee of $2,996.50. Respondent met with the client
but never filed a petition to probate the estate. Mr. Miller failed to respond to four communications from the
client over the course of one month. The client hired new counsel to file the petition to probate the estate.

By the aforementioned acts, Mitchell Ray Miller has violated Rules of Professional Conduct 1.3 (diligence)
and 1.4 (communication) and is hereby Publicly Censured for these violations with the condition that he
make restitution to the client in the amount of $2,996.50 within 90 days.

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

TOMMY JOE NORTON, BPR NO. 032282
SEVIER COUNTY

On April 15, 2025, Tommy Joe Norton, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Norton represented two separate clients in custody cases; another client in civil contempt claim; and a
fourth client in a divorce case. During these representations, Mr. Norton closed his office and changed his
phone number. Mr. Norton failed to inform his clients of these changes which caused all his clients to have
no way to contact him. In all four cases, Mr. Norton failed to maintain communication with his clients and
failed to diligently represent his clients.
Additionally, in the first case, Mr. Norton failed to appear in court and incorrectly advised his client not to
appear. In the second case, Mr. Norton asked for multiple continuances which delayed the proceedings. In
the fourth case, Mr. Norton essentially abandoned his client and failed to show up in court.

By these acts, Mr. Norton has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication),
3.2 (expediting litigation), 3.4 (fairness to opposing party and counsel), and 8.4(d) (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.

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ASHLEY SATTERFIELD PATTERSON, BPR NO. 030614
SHELBY COUNTY

On July 29, 2025, Ashley Satterfield Patterson, an attorney licensed to practice law in Tennessee, received a
Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Ms. Patterson testified in court on April 22, 2022, concerning a personal matter relating to a parenting plan.
During that hearing, Ms. Patterson lied under oath.

By these acts, Ms. Patterson has violated Rules of Professional Conduct 3.3 (candor toward the tribunal), and
8.4 (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.

JOSHUA HOWARD POLK, BPR NO. 021647
WAYNE COUNTY

On July 9, 2025, Joshua Howard Polk, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Polk was retained to defend clients in a water rights case out of Wayne County Chancery Court. In early
2022, a third party joined the litigation and upon consulting with his clients, Mr. Polk determined that a
conflict of interest was created by the joinder. The information that Mr. Polk previously learned from his
former co-counsel could have materially impacted his continued representation of his current clients and
there was a risk that the information Mr. Polk gained would materially limit his ability to continue in the case.
This created a concurrent conflict of interest and a mandated withdrawal by Mr. Polk. While it was
reasonable for Mr. Polk to want to help his clients identify subsequent counsel, he waited fourteen (14)
months to withdraw resulting in unnecessary delay in the litigation, halting any progress on the case, and
postponing a hearing on the opposing party’s Motion for Summary Judgment that had been pending for
several months.

By these acts, Mr. Polk has violated Rules of Professional Conduct 1.3 (diligence), 1.7(a)(2) (conflict of
interest), 1.16(a) (declining or terminating representation), 3.2 (expediting litigation), and 8.4(d) (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.

ROBERT ANDREW POPE, BPR NO. 041875
SHEBLY COUNTY

On April 16, 2025, Robert Andrew Pope, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.
Mr. Pope was terminated by the Tennessee Department of Corrections in March 2024 while his application
for bar admission was still pending. Mr. Pope failed to supplement his pending bar admission application to
disclose this material fact.

40 | P a g e
By this act, Mr. Pope has violated Rule of Professional Conduct 8.1(b) (misrepresentation to a bar admission
authority) 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.

CARL ALLEN ROBERTS, JR., BPR NO. 033509
CARTER COUNTY

On July 21, 2025, Carl Allen Roberts, Jr., an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Roberts represented a client in a divorce which was completed. Mr. Roberts informed the client in
writing that he would file a petition for contempt against the opposing party. Mr. Roberts then failed to
respond to eight communications from the client. In another matter, Mr. Roberts received a cash retainer
from a client, and he took the cash to his home for 39 days before returning it to the firm’s trust account. In
another matter, Mr. Roberts failed to appear at a scheduled mediation without notice to his client, the
mediator, or the opposing counsel.

By the aforementioned acts, Carl Allen Roberts, Jr. has violated Rules of Professional Conduct 1.3 (diligence),
1.4 (communication), 1.15 (safekeeping funds), 1.16 (termination of representation), 3.2 (expediting litigation),
and 8.4(dg) (prejudice to the administration of justice) 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.

STACEY ALLEN TERRAL, BPR NO. 023054
RUTHERFORD

On October 8, 2025, Stacey Allen Terral, an attorney licensed to practice law in Tennessee, received a Public
Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Terral represented a client in a custody matter in the Rutherford County Juvenile Court. In preparing to
submit discovery responses, Mr. Terral advised his client that with permission, he could sign the discovery
attestation on the client’s behalf to save some time. Believing that he had his client’s permission, Mr. Terral
engaged the services of his wife, who is a Notary Public, to notarize the document. Mr. Terral told his wife
that the client had approved the discovery answers and they were ready to be notarized. Mr. Terral showed
his wife a copy of the client’s driver’s license and signed the verification, which his wife then notarized. In
signing the document, Mr. Terral signed the client’s name and did not indicate that the document was being
signed by him with client’s permission nor in any way indicate that the document was signed by anyone other
than the client. Mr. Terral has been practicing law for over twenty (20) years and claims not to have known
such action was improper.

By these acts, Mr. Terral has violated Rules of Professional Conduct 1.1 (competence), 1.2(d) (scope of
representation and allocation of authority between client and lawyer), 3.4(b) (fairness to opposing party and
counsel), 4.1(a) (truthfulness in statements to others), 5.3 (responsibilities regarding nonlawyer assistants), and
8.4(a), (c), and (d) (misconduct), and is hereby Publicly Censured for these violations.

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

MICHAEL JAMES THOMPSON, BPR NO. 028041
TENNESSEE

On July 9, 2025, Michael James Thompson, #028041, an attorney licensed to practice law in Tennessee and
Kentucky, received a Public Censure from the Board of Professional Responsibility of the Tennessee
Supreme Court.

Mr. Thompson represented a client in a custody proceeding in Kentucky state court. Mr. Thompson
exchanged sexualized communications with his client during the representation, evidencing a concurrent
conflict of interest. Mr. Thompson also communicated with his client about the subject matter of the
custody proceeding through Instagram messaging without any privacy controls.

By these acts, Mr. Thompson has violated Kentucky Rules of Professional Conduct 1.6 (protecting confidential
information) and 1.7(a)(2)(concurrent conflict of interest) and is hereby Publicly Censured 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.

REINSTATEMENTS

BRIAN KIRK KELSEY, BPR NO. 022874
SHELBY COUNTY

By Order of the Tennessee Supreme Court entered August 20, 2025, Biran Kirk Kelsey was reinstated to the
active practice of law.

On December 8, 2022, Mr. Kelsey was suspended by the Supreme Court of Tennessee pursuant to Tennessee
Supreme Court Rule 9, Section 22.3 after entering a plea of guilty to one (1) count of Conspiracy to Defraud
the United States, in violation of Title 18 United State Code Section 371 and one (1) count of Aiding and
Abetting the Acceptance of Excessive Contributions, in violation of Title 52 United State Code, Sections
30116(a)(1)(A), 30116(a)(7)(B)(i), 30116(f) and 30109(d)(1)(A)(i) and 18 United State Code, Section 2. The
Supreme Court referred the case to the Board of Professional Responsibility for the institution of formal
proceedings to determine the extent of final discipline.

On March 11, 2025, Mr. Kelsey received a full and unconditional presidential pardon for those offenses
against the United States enumerated in United States v. Kelsey et. al., Case No. 3:21-cr-00264 (Middle District of
Tennessee). Thereafter, Mr. Kelsey filed a declaration with the Supreme Court seeking immediate
reinstatement to the practice of law. After briefing by the parties, the Supreme Court concluded Mr. Kelsey
should be immediately reinstated from his December 8, 2022 Tennessee Supreme Court Rule 9, Section
22.3(a) suspension; however, his reinstatement will not terminate any formal proceedings pending against
him, the disposition of which shall be determined by the hearing panel and the Board on the basis of the
available evidence in accordance with Tennessee Supreme Court Rule 9, Section 22.3(b).

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DALE GERARD NOWICKI, BPR NO. 036672
TENNESSEE

By Order of the Tennessee Supreme Court entered July 14, 2025, Dale Gerard Nowicki was reinstated to the
active practice of law.

On May 13, 2025, Dale Gerard Nowicki was suspended by the Supreme Court of Tennessee for two (2) years
with ninety (90) days active suspension retroactive to the date of suspension in California, and the remainder
on probation. Mr. Nowicki filed a Petition for Reinstatement to the practice of law pursuant to Tennessee
Supreme Court Rule 9, Section 30.4(c) on June 6, 2025. The Board found the petition to be satisfactory and
submitted an Order of Reinstatement to the Court.

Mr. Nowicki’s reinstatement to the active practice of law is conditioned upon his continuing compliance with,
and timely satisfaction of, the conditions set forth in the Order of the Supreme Court of California entered
January 6, 2025.

ARCHIE SANDERS, III, BPR NO. 012784
SHELBY COUNTY

By Order of the Tennessee Supreme Court entered September 3, 2025, Shelby County attorney Archie
Sanders, III, was reinstated to the active practice of law.

On May 27, 2025, Archie Sanders, III, was suspended by the Supreme Court of Tennessee for one (1) year
with two (2) months to be served as an active suspension and the remainder on probation subject to
conditions including employment of a practice monitor during the probationary period and repayment of all
Board costs. Mr. Sanders filed a Petition for Reinstatement to the practice of law pursuant to Tennessee
Supreme Court Rule 9, Section 30.4(c) on August 5, 2025. The Board found the petition to be satisfactory
and submitted an Order of Reinstatement to the Court.

Mr. Sanders’ reinstatement to the active practice of law is conditioned upon his continuing compliance with,
and timely satisfaction of, the conditions set forth in the Order of the Supreme Court entered May 27, 2025.

GERALD DENNY WAGGONER, JR., BPR NO. 013988
SHELBY COUNTY

By Order of the Tennessee Supreme Court entered August 8, 2025, Gerald Denny Waggoner was reinstated
to the active practice of law with conditions.

Gerald Denny Waggoner, Jr. was suspended by the Supreme Court of Tennessee on August 1, 2017, (M2017-
01434-SC-BAR-BP), and July 11, 2023, (W2022-01294-SC-R3-BP). On October 17, 2024, Mr. Waggoner
filed a Petition for Reinstatement pursuant to Tennessee Supreme Court Rule 9, Section 30.4(d). After a final
hearing on the merits, the Hearing Panel recommended Mr. Waggoner be reinstated to practice law with
conditions. The Panel determined specifically that Mr. Waggoner demonstrated by clear and convincing
evidence he had the moral qualifications, competency, and learning in law required for admission to practice

43 | P a g e
in this state, and his resumption of the practice of law within the state would not be detrimental to the
integrity and standing of the bar or the administration of justice, or subversive to the public interest.

Accordingly, the Board of Professional Responsibility shall cause notice of this reinstatement to be published
as required by Tennessee Supreme Court Rule 9, Section 28.11.

DISABILITY INACTIVE

LORETTA MADELINE CALVERT BPR NO. 024858
SUMNER COUNTY

By Order of the Tennessee Supreme Court entered May 13, 2025, the law license of Loretta Madeline Calvert
was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9.

Ms. Calvert cannot practice law while on disability inactive status and shall comply with the requirements of
Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of attorneys
transferred to disability inactive status. She may return to the practice of law after reinstatement by the
Tennessee Supreme Court upon showing that her disability has been removed in accordance with Tennessee
Supreme Court Rule 9, Section 27.7.

WILLIAM BOYETTE DENTON, BPR #013768
HARDEMAN COUNTY

By Order of the Tennessee Supreme Court entered April 11, 2025, the law license of William Boyette Denton
was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9.

Mr. Denton cannot practice law while on disability inactive status and shall comply with the requirements of
Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of attorneys
transferred to disability inactive status. He may return to the practice of law after reinstatement by the
Tennessee Supreme Court upon showing that his disability has been removed in accordance with Tennessee
Supreme Court Rule 9, Section 27.7.

JOHN SIDNEY MCLELLAN, III, BPR NO. 000427
SULLIVAN COUNTY

By Order of the Tennessee Supreme Court entered May 13, 2025, the law license of John Sidney McLellan,
III, was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9.

Mr. McLellan cannot practice law while on disability inactive status and shall comply with the requirements of
Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of attorneys
transferred to disability inactive status. He may return to the practice of law after reinstatement by the

44 | P a g e
Tennessee Supreme Court upon showing that his disability has been removed in accordance with Tennessee
Supreme Court Rule 9, Section 27.7.

JAMES DARREN MCWILLIAMS, BPR NO. 024152
TENNESSEE

By Order of the Tennessee Supreme Court entered May 21, 2025, the law license of James Darren
McWilliams of Washington, Georgia, was transferred to disability inactive status pursuant to Section 27.3 of
Tennessee Supreme Court Rule 9.

Mr. McWilliams cannot practice law while on disability inactive status and shall comply with the requirements
of Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of attorneys
transferred to disability inactive status. He may return to the practice of law after reinstatement by the
Tennessee Supreme Court upon showing that his disability has been removed in accordance with Tennessee
Supreme Court Rule 9, Section 27.7.

SORNAVIDYA SABA SANKAR, BPR NO. 037964
DAVIDSON COUNTY

By Order of the Tennessee Supreme Court entered August 8, 2025, the law license of Sornavidya Saba Sankar
was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9.

Ms. Sankar cannot practice law while on disability inactive status and shall comply with the requirements of
Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of attorneys
transferred to disability inactive status. She may return to the practice of law after reinstatement by the
Tennessee Supreme Court upon showing that his disability has been removed in accordance with Tennessee
Supreme Court Rule 9, Section 27.7.

STEVEN R. SEIVERS, BPR NO. 005456
ANDERSON COUNTY

By Order of the Tennessee Supreme Court entered August 27, 2025, the law license of Steven R. Seivers was
transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9.

Mr. Seivers cannot practice law while on disability inactive status and shall comply with the requirements of
Tennessee Supreme Court Rule 9, Section 28 regarding the obligations and responsibilities of attorneys
transferred to disability inactive status. He may return to the practice of law after reinstatement by the
Tennessee Supreme Court upon showing that his disability has been removed in accordance with Tennessee
Supreme Court Rule 9, Section 27.7.

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TENNESSEE LAWYERS’ FUND PAYMENTS

GARY LEE ANDERSON BPR NO. 004515
KNOX COUNTY

On June 16, 2025, the Tennessee Lawyers’ Fund for Client Protection (Lawyers’ Fund) paid a claim filed
against Gary Lee Anderson, in the amount of $3,500.00.

Lawyers’ Fund, financed by Tennessee lawyers and judges, was established by the Tennessee Supreme Court
to reimburse individuals for losses caused by the rare instances of dishonest conduct by attorneys. The
Tennessee Supreme Court appoints a Lawyers’ Fund Board, consisting of six lawyers and three non-attorney
members, who serve without compensation in considering and paying claims pursuant to Tennessee Supreme
Court Rule 25.

Mr. Anderson is required to reimburse Lawyers’ Fund for the amount paid to any claimant pursuant to
Tennessee Supreme Court Rule 25 Section 16 and/or the Order of Enforcement entered by the Supreme
Court of Tennessee.

ANGELA JOY HOPSON BPR NO. 022500
MADISON COUNTY
On April 11, 2025, the Tennessee Lawyers’ Fund for Client Protection (Lawyers’ Fund) paid a claim filed
against Angela Joy Hopson, in the amount of $2,022.00.

Lawyers’ Fund, financed by Tennessee lawyers and judges, was established by the Tennessee Supreme Court
to reimburse individuals for losses caused by the rare instances of dishonest conduct by attorneys. The
Tennessee Supreme Court appoints a Lawyers’ Fund Board, consisting of six lawyers and three non-attorney
members, who serve without compensation in considering and paying claims pursuant to Tennessee Supreme
Court Rule 25.

Ms. Hopson is required to reimburse Lawyers’ Fund for the amount paid to any claimant pursuant to
Tennessee Supreme Court Rule 25 Section 16 and/or the Order of Enforcement entered by the Supreme
Court of Tennessee.

GEORGE SKOUTERIS, JR. BPR NO. 013417
SHELBY COUNTY

On June 16, 2025, the Tennessee Lawyers’ Fund for Client Protection (Lawyers’ Fund) paid a claim filed
against George Skouteris, Jr., in the amount of $17,609.40.

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Lawyers’ Fund, financed by Tennessee lawyers and judges, was established by the Tennessee Supreme Court
to reimburse individuals for losses caused by the rare instances of dishonest conduct by attorneys. The
Tennessee Supreme Court appoints a Lawyers’ Fund Board, consisting of six lawyers and three non-attorney
members, who serve without compensation in considering and paying claims pursuant to Tennessee Supreme
Court Rule 25.

Mr. Skouteris is required to reimburse Lawyers’ Fund for the amount paid to any claimant pursuant to
Tennessee Supreme Court Rule 25 Section 16 and/or the Order of Enforcement entered by the Supreme
Court of Tennessee.

DOUGLAS A. TRANT BPR NO. 006871
KNOX COUNTY

On April 11, 2025, the Tennessee Lawyers’ Fund for Client Protection (Lawyers’ Fund) paid a claim filed
against Douglas A. Trant, in the amount of $7,500.00.

Lawyers’ Fund, financed by Tennessee lawyers and judges, was established by the Tennessee Supreme Court
to reimburse individuals for losses caused by the rare instances of dishonest conduct by attorneys. The
Tennessee Supreme Court appoints a Lawyers’ Fund Board, consisting of six lawyers and three non-attorney
members, who serve without compensation in considering and paying claims pursuant to Tennessee Supreme
Court Rule 25.

Mr. Trant is required to reimburse Lawyers’ Fund for the amount paid to any claimant pursuant to Tennessee
Supreme Court Rule 25 Section 16 and/or the Order of Enforcement entered by the Supreme Court of
Tennessee.

MELVIN JACOB WERNER BPR #015909
KNOX COUNTY

On May 29, 2025, the Tennessee Lawyers’ Fund for Client Protection (Lawyers’ Fund) paid a claim filed
against Melvin Jacob Werner, in the amount of $100,000.00.

Lawyers’ Fund, financed by Tennessee lawyers and judges, was established by the Tennessee Supreme Court
to reimburse individuals for losses caused by the rare instances of dishonest conduct by attorneys. The
Tennessee Supreme Court appoints a Lawyers’ Fund Board, consisting of six lawyers and three non-attorney
members, who serve without compensation in considering and paying claims pursuant to Tennessee Supreme
Court Rule 25.

Mr. Werner is required to reimburse Lawyers’ Fund for the amount paid to any claimant pursuant to
Tennessee Supreme Court Rule 25 Section 16 and/or the Order of Enforcement entered by the Supreme
Court of Tennessee.

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SAMUEL ERVIN WHITE BPR NO. 029973
SULLIVAN COUNTY

On September 2, 2025, the Tennessee Lawyers’ Fund for Client Protection (Lawyers’ Fund) paid a claim filed
against Samuel Ervin White, in the amount of $1,100.00.

Lawyers’ Fund, financed by Tennessee lawyers and judges, was established by the Tennessee Supreme Court
to reimburse individuals for losses caused by the rare instances of dishonest conduct by attorneys. The
Tennessee Supreme Court appoints a Lawyers’ Fund Board, consisting of six lawyers and three non-attorney
members, who serve without compensation in considering and paying claims pursuant to Tennessee Supreme
Court Rule 25.

Mr. White is required to reimburse Lawyers’ Fund for the amount paid to any claimant pursuant to Tennessee
Supreme Court Rule 25 Section 16 and/or the Order of Enforcement entered by the Supreme Court of
Tennessee.

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