The Letter

The Tennessee Court of Appeals affirmed an order directing an attorney to pay attorney’s fees

After the trial court issued a temporary injunction affirming a trust’s appointment of a new trustee, the former trustee’s attorney in other matters sent a letter to financial institutions holding trust assets. The letter stated that the attorney represented the trust, construed the trial court’s order as being without factual basis or legal authority, and requested the institutions freeze the trust’s assets. Trust beneficiaries and the new trustee brought a motion to hold the former trustee and the attorney in civil contempt. Finding that the former trustee was unaware of the letter, but that the attorney meant the letter to thwart the efforts of the new trustee in violation of the trial court’s order, the trial court granted the motion only as to the attorney, who was ordered to pay attorney’s fees related to remedying the effects of the letter. Discerning no reversible error in the trial court’s judgment, we affirm.

(Mike Frisch)