Disbarment Follows Indictment

The Tennessee Supreme Court has disbarred an attorney as described in a Board of Professional Responsibility release

Ms. Porth represented parties in three different conservatorships. Ms. Porth failed to file accountings, as required by law, in any of these conservatorships. Ms. Porth also represented three estates in probate matters and failed to file any accountings, as required by law, and failed to timely and diligently represent her clients. Ms. Porth misappropriated and converted funds from these estates to her own personal use, failed to abide by her clients’ wishes relative to various assets of the estates, failed to properly communicate with the clients, failed to obtain permission from the Court for attorney fees and failed to turn over client materials in a timely manner.

Ms. Porth’s ethical misconduct violated Rules of Professional Conduct 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 3.2 (expediting litigation), 3.4 (fairness to opposing party and counsel), and 8.4(a), (c), (d) and (g) (misconduct).

A press release from the state Comptroller of the Treasury

Comptroller investigators determined that Porth misappropriated at least $254,047 from multiple clients. This includes $220,800 in direct cash withdrawals from ten separate conservator and probate accounts, and $22,895 in transfers made from client accounts into her personal bank account. Porth also transferred $10,352 between separate conservator and probate accounts in an apparent attempt to conceal the shortages in various client accounts.

Investigators found no supporting documentation in Porth’s files or court files that supported the withdrawals and transfers.

Furthermore, investigators noted that Porth prepared an annual accounting that she filed with the court that did not include the cash withdrawals she had made from the account. This has the effect of misleading the court about the financial condition of the estate to conceal her misappropriation.

The Comptroller’s Office investigated this matter under its authority to assist district attorneys general and the TBI in the investigation of private funds if the Comptroller deems the investigation to be in the public interest.

Based upon this investigation, in August 2022, the Wilson County Grand Jury indicted Jennifer Porth on one count of theft over $250,000.

(Mike Frisch)