Indefensible

The Tennessee Board of Professional Responsibility has publicly censured an attorney

Mr. Greene represented clients in defense of a lawsuit in General Sessions Court. Due to an error in his calendaring of the trial date, Mr. Greene and his clients did not appear at trial, resulting in the entry of a default judgment. Mr. Greene was not forthright in his subsequent communications with his clients that the trial date was missed solely due to his own scheduling error.

Mr. Greene filed a motion to set aside the default judgment. The motion was frivolous, as it was untimely filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit affixed to the motion, Mr. Greene falsely claimed that the trial date was missed due to confusion with opposing counsel rather than Mr. Greene’s own scheduling error. Mr. Greene also later filed a motion to withdraw that falsely claimed that Mr. Greene’s clients failed to provide documentation in support of their factual position that would have been asserted at trial.

Mr. Greene paid a significant portion of the judgment out of his own personal funds, without prior notice or consent from his clients. A settlement was subsequently reached where Mr. Greene’s clients paid the remaining portion of the judgment.

(Mike Frisch)