Reinstatement for Tennessee Lawyer Will Not Be An Easy Road
The Tennessee Supreme Court recently heard the case of H. Owen Maddux. Mr. Maddux, a lawyer out of Chattanooga, Tennessee, unfortunately had his law license suspended for nine months due to having violated the Tennessee Rules of Professional Conduct. By way of background, Mr. Maddux had been hired to represent a woman in Hamilton County, who along with this woman, also represented her son. The purpose of Maddux’s representation was to resolve a dispute with a business associate. During his representation, Mr. Maddux collected money that was owed to several customers of the business. Although he sent a letter to the customers specifying the money would be deposited with the court while litigation was pending, Mr. Maddux chose to release over $35,000 of the money he collected to the son. Mr. Maddux did not notify any of the other parties. He did not notify the mother. He did not notify the customers. He did not notify the court.
One of the lawyers for the business associate filed a complaint with the Tennessee Board of Professional Responsibility. This lawyer brought to the Board’s attention Mr. Maddux’s mishandling of the money described above. The Board investigated and filed a petition for discipline. Mr. Maddux did not even answer the petition. A panel for the Board proceeded to file a default judgment against Mr. Maddux. Mr. Maddux attempted to set aside the judgment. At that hearing, Mr. Maddux admitted to the work he did; however, he did not agree with the nine-month suspension. The Board upheld the suspension; so Mr. Maddux appealed to the Hamilton County Circuit Court. That court agreed with the Board, so Mr. Maddux took his appeal to the Tennessee Supreme Court.
The Supreme Court also affirmed the Board’s decision. The Supreme Court did not feel the Board’s suspension was arbitrary and believed the evidence presented supported such a suspension. The Court also noted that, in light of the duties Mr. Maddux owed to his clients, the court, and the legal profession, the punishment was appropriate. The Court also felt it was noteworthy that Mr. Maddux did not even answer the petition filed against him. As a final note, the Court pointed out this was not Mr. Maddux’s first incident of attorney discipline. He had two prior suspensions of his law license.
Unfortunately, there are lawyers who do not take the duties they owe to clients, courts, and the legal profession seriously. Sometimes those lawyers’ failure to respect their duties hurts their clients. The harm of such neglect can range from minor to catastrophic. If your lawyer’s conduct has negatively impacted your legal matter, you may have a case for legal malpractice against that lawyer.
It is not easy to win a legal malpractice lawsuit. To be successful, you need an experienced attorney with the highest ethical standards. You need an attorney who is knowledgeable in malpractice law and is well respected in the legal community for his or her adherence to the rules of attorney professionalism.
Bailey & Greer, in Memphis, has all the qualities necessary to successfully represent you in a Tennessee legal malpractice suit. We are honest and knowledgeable. In addition, we are strong courtroom litigators. Call us toll free today at 901-680-9777 to start getting answers to your legal questions.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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