Withdrawal Pains

A case submitted on briefs to the Tennessee Supreme Court for its February 4 docket

James B. Johnson v. Bd. of Prof. Resp. of the Sup. Ct. of Tenn. – This attorney discipline case arises from a dispute between attorney James B. Johnson and a client who hired Mr. Johnson to represent her in a divorce and child custody action.  After the dispute, Mr. Johnson filed a motion to withdraw from representing his client and requested an award of attorney’s fees.  Mr. Johnson attached copies of emails with his client as an exhibit to the motion without redacting confidential information or filing the exhibit under seal. The Board of Professional Responsibility filed a petition for discipline against Mr. Johnson, alleging that his disclosure of confidential attorney-client emails to third parties violated Tennessee Supreme Court Rule 8, Rules of Professional Conduct (RPC) 1.6 (Confidentiality of Information), 1.16 (Declining or Terminating Representation), and 8.4(a) and (d) (Misconduct).  A hearing panel found that Mr. Johnson had violated the rules and imposed a three-month suspension with one month served on active suspension and the remaining two months on probation.  Mr. Johnson appealed to the trial court, which affirmed the hearing panel’s finding that Mr. Johnson had violated RPC 1.6, 1.16, and 8.4(a) and (d).  The trial court found that the hearing panel had erred when analyzing the factors for determining a proper punishment but ultimately affirmed the recommended sanction.  Mr. Johnson now appeals to this Court, arguing that the trial court erred in upholding the hearing panel’s decision.            

(Mike Frisch)