Retroactivity At Issue In Tennessee Bar Cases

Two bar discipline matters are scheduled for oral argument before the Tennessee Supreme Court this afternoon

Sean K. Hornbeck v. Board of Professional Responsibility – This case is a review of a hearing panel’s judgment disbarring Mr. Hornbeck for various violations of the Rules of Professional Conduct, including failure to preserve client property, failure to communicate with his client, and unauthorized practice of law.  This decision was affirmed by the chancery court.  The Supreme Court will consider whether Mr. Hornbeck waived his ability to challenge for retroactive application of his disbarment and whether retroactive application is appropriate in this case.

Board of Professional Responsibility v. Robin K. Barry –This attorney-discipline case involves an attorney who was suspended by a hearing panel for failure to communicate with her client and for mismanaging the client’s funds.  The chancery court modified the hearing panel’s sanction, instead ordering the disbarment of Ms. Barry.  The Supreme Court will consider if disbarment is the appropriate sanction and whether that disbarment should be applied retroactively to the date when her suspension began.

(Mike Frisch)