Have you heard the one about the lawyer in Nashville whose license was suspended for 18 months, but who continued to take on new clients? Or the one about the lawyer in East Tennessee who was disbarred but continued to accept client monies? These stories are not jokes. As incredible as they seem, they’re actual cases of professional misconduct by attorneys practicing in Tennessee.
Every day, lawyers face making decisions between right and wrong. Sometimes, doing the right thing can be costly, but so can doing the wrong thing. The first lawyer mentioned above was held in criminal contempt and served jail time; the second was prosecuted for stealing. When a question comes up about the appropriateness of an attorney’s actions, the complainant can take his case to the Tennessee Professional Board of Responsibility, a 30-person agency that investigates grievances against attorneys practicing in the state and disciplines those who violate professional rules. Attorney Nancy Jones of Brentwood, Tenn., is the chief disciplinary counsel of the BPR.
Jones will be in Chattanooga on Nov. 16, 2011, to present her seminar titled “Rules of Professional Conduct: Overview of Ethics With Emphasis on Fee Agreements.” During the one-hour session at the Walden Club on Chestnut Street, she will discuss the new requirements under Rule of Professional Conduct 1.5, which went into effect on Jan. 1, 2011. Attorneys who attend the class will earn one hour of dual CLE credit approved for Tennessee. The seminar will begin with lunch and registration at 11:30 a.m. and end at 1 p.m.
Jones says fee disputes are common, and hopes to reduce the number of client complaints by communicating the rules to attorneys. She will also open the discussion to other questions related to the ethical practice of law. “The seminar will be a simple way to learn about the new rule on fees and to have an opportunity to ask questions about other issues of concern,” she says. Jones says even attorneys who rigorously adhere to the rules on fees can benefit from the seminar, as well-intentioned lawyers can commit minor breaches. An example would be failing to communicate to a client the mechanics of how a contingent fee agreement will work at the time settlement proceeds are received. Jones says the solution to fee disputes boils down to communication – the more a lawyer communicates to his client about a fee arrangement, the less likely the client will have a complaint down the road. “Although RPC 1.5 does not require all fee agreements to be in writing, it’s a better practice to do so,” she says.
Jones has been chief disciplinary counsel for the BPR since May 2007. Before joining the board, she had been with Bass, Berry & Sims since 2004. Before that, she was a member of Waller Landsen Dortch & Davis, an assistant U.S. attorney for the Middle District of Tennessee (specializing in white-collar fraud), and an assistant U.S. attorney for the Northern District of New York. Jones, who’s licensed in Tennessee and New York, is a Fellow of the Nashville and Tennessee Bar Foundations. She’s also a member of the Affiliated Faculty of Vanderbilt University School of Law. Jones received her Bachelor of Arts degree, with honors, from the University of Missouri in 1971. In 1978, she received her Juris Doctor degree from Syracuse University.
To register online using Visa or MasterCard, visit the Chattanooga Bar Association Web site at www.chattbar.org. The Bar has scheduled several CLE seminars for this fall. The Hamilton County Herald is a sponsor of each one.