Skip to content
A Member of the Law Professor Blogs Network

Confirmation, I Need Confirmation

A Tennessee attorney has received a stayed one-year suspension and probation for misconduct in a criminal appeal and a divorce matter.

The attorney failed to perfect an appeal that he had been retained to pursue.

In the divorce matter, the attorney was retained by the wife and “prepared the appropriate paperwork to file the divorce” but

…prior to filing the divorce, [he] received information from the husband that the parties had reconciled. [He] did not confirm the reconciliation with his client or inform her that the divorce complaint was not filed. The wife inquired of [his] office staff concerning the progress of the divorce, and the staff led her to believe the divorce was proceeding.

The wife discovered after approximately a year that the complaint had not been filed. The attorney secured the divorce when the wife informed him that there had been no reconciliation. (Mike Frisch)