Instagram Communication Violated Confidentiality Obligation

The Tennessee Board of Professional Responsibility has publicly censured an attorney

On July 9, 2025, Michael James Thompson, #028041, an attorney licensed to practice law in Tennessee and Kentucky, received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court.

Mr. Thompson represented a client in a custody proceeding in Kentucky state court. Mr. Thompson exchanged sexualized communications with his client during the representation, evidencing a concurrent conflict of interest. Mr. Thompson also communicated with his client about the subject matter of the custody proceeding through Instagram messaging without any privacy controls.

By these acts, Mr. Thompson has violated Kentucky Rules of Professional Conduct 1.6 (protecting confidential information) and 1.7(a)(2)(concurrent conflict of interest) and is hereby Publicly Censured these violations.

A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

(Mike Frisch)