Censures In Tennessee
The Tennessee Board of Professional Responsibility has censured an attorney for failure to supplement his bar admission application
Mr. Pope was terminated by the Tennessee Department of Corrections in March 2024 while his application for bar admission was still pending. Mr. Pope failed to supplement his pending bar admission application to disclose this material fact.
By this act, Mr. Pope has violated Rule of Professional Conduct 8.1(b) (misrepresentation to a bar admission authority) and is hereby Publicly Censured for these violations.
An unrelated censure
Mr. Ferguson was court appointed to represent a client who was charged with several felonies, including First Degree Murder, which carried a potential life sentence. During the representation, Mr. Ferguson failed to appear for multiple court hearings and failed to communicate with the Court and his client about hearing dates and absences. Mr. Ferguson failed to provide communication or copies of any legal documents to the client and failed to meet with the client for trial preparation. Mr. Ferguson’s inaction resulted in multiple continuances, the Court’s removal of Mr. Ferguson from the client’s case, and postponement of the client’s murder trial, thereby prejudicing the administration of justice. The Court also instructed Mr. Ferguson that he was no longer permitted to appear on matters pending before that Court.
By these acts, Mr. Ferguson has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication), 3.2 (expediting litigation), and 8.4(d) (prejudice to administration of justice) and is hereby Publicly Censured for this violation.
And a third, also unrelated censure
Mr. Frazier was retained by a client for representation in a property boundary dispute in Hawkins County. Mr. Frazier received a $5000 retainer fee from the client, which he deposited directly to his operating account. Because Mr. Frazier did not obtain a writing signed by the client explaining the parties’ intent and amount of non-refundable funds the payment was not a non-refundable retainer. As a minimum retainer fee, Mr. Frazier failed to deposit the funds into his trust account and wrongfully commingled the client funds with his own. Mr. Frazier did not track his time nor issue an invoice reflecting the legal services provided to the client nor his fees earned. Mr. Frazier did not communicate to his client the basis or rate of his fee and expenses for which the client would be responsible, making his fee unreasonable. While Mr. Frazier offered to refund one-half of the client’s fees, the offer was after three years following the client’s filing of a disciplinary complaint, and the fees were never refunded. In addition, while Mr. Frazier was under an obligation to maintain communication with his client until the representation was terminated or complete, he stopped responding to the client’s requests for updates and took no further action on the client’s behalf.
By these acts, Mr. Frazier has violated Rules of Professional Conduct 1.4(a) (communication), 1.5(a) & (b) (fees), and 1.15(a) & (b) (safekeeping property and funds) and for these violations is hereby Publicly Censured with the condition that he refund to the client $2500.00 within thirty (30) days hereof.
(Mike Frisch)