how to file a complaint on an attorney in the state of tennessee

To bring a disciplinary proceeding against an attorney in the state, the Tennessee Supreme Court

requires that you first file a Memorandum of Complaint with the Board of Professional Responsibility of the Tennessee Supreme Court that includes your name, the name of the attorney and a description of the facts leading to the complaint.

Full Answer

How do I file a civil complaint in Tennessee?

To file a complaint, you must fill out a complaint form. The form must be typed or legibly hand-printed, dated and signed. Once you have completed the form, mail it to the following address: TENNESSEE BOARD OF JUDICIAL CONDUCT

How do I file a complaint against an individual?

To file a complaint against an individual or a business entity, you can complete a complaint form here. DCA will forward your complaint to the individual or business and attempt to facilitate a mutually acceptable resolution.

What are the Tennessee rules of Professional Conduct for attorneys?

In Tennessee, all attorneys must adhere to ethical guidelines known as the Tennessee Rules of Professional Conduct drafted by the Tennessee Bar Association, a voluntary organization of licensed attorneys. The TBA is responsible for supporting the professional efforts of its members, including setting professional behavior guidelines for attorneys.

Who decides if a lawyer is suspended or disbarred in Tennessee?

If the board recommends the most serious discipline -- suspension or disbarment -- the Tennessee Supreme Court must make the final determination. Christina Whitaker began her writing career in 2005 in newspaper journalism. She holds a Bachelor of Arts in English from UCLA and a law degree.

Who regulates attorneys in Tennessee?

The Board of Professional ResponsibilitySupreme Court Rule 9 -- The Board of Professional Responsibility supervises the ethical conduct of attorneys and investigates attorneys' alleged violations of the Rules of Professional Conduct.

What is legal complaint process?

Your complaint is assessed by senior staff at the OLSC and an initial assessment is made as to whether it is a consumer matter or a complaint that raises issues of unsatisfactory professional conduct or professional misconduct. After an initial assessment has been made, an acknowledgment letter will be sent to you.

How do I contact the Tennessee attorney general?

Related Agencies' Contact InformationTennessee Attorney General. Opinions on the Web. Public Information Office. (615) 741-5860.Tennessee District Attorneys General Conference. 226 Capitol Boulevard, Suite 800. Nashville, TN 37219-1804. ... Lawyers' Fund for Client Protection. 10 Cadillac Drive, Suite 220. Brentwood, TN 37027.

How do I contact Herbert Slatery?

Legal CounselLegal Counsel.Herbert Slatery.(615) [email protected].

What is the professional misconduct?

The term 'Professional Misconduct' in the simple sense means improper conduct. In legal sense it means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends.

What are the stages of the complaint process?

The complaints procedure has two stages:Stage 1 – trying to sort things out with the local service.Stage 2 – getting someone else to look into your complaint.

What does the Attorney General do?

The Attorney General is the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights. The Attorney General defends the constitutionality of Bills referred to the Supreme Court under Article 26 of the Constitution.

Who is the TN state Attorney General?

Herbert Slatery III (Republican Party)Tennessee / Attorney generalHerbert H. Slatery III is an American attorney from the state of Tennessee. A Republican, he serves as the Attorney General of Tennessee. Wikipedia

Who is Kentucky AG?

Daniel Cameron (Republican Party)Kentucky / Attorney generalDaniel Jay Cameron is an American lawyer and politician serving as the 51st Attorney General of Kentucky. He is the first Republican elected to the office since 1944, and the first African-American Attorney General of Kentucky. Wikipedia

Who is TN Governor?

Bill Lee (Republican Party)Tennessee / GovernorWilliam Byron Lee is an American businessman, cattle farmer, former mechanical engineer, and politician who has served as the 50th governor of Tennessee since 2019. Elected in 2018, Lee is a member of the Republican Party. Wikipedia

Who is GA attorney general?

Christopher M. Carr (Republican Party)Georgia / Attorney generalChristopher Michael Carr is an American lawyer and politician. A Republican, he is the current Attorney General of Georgia. In 2016, Governor Nathan Deal appointed Carr as Attorney General to fill a vacancy created by the departure of former Attorney General Sam Olens. Wikipedia

How do I report a business in Tennessee?

Consumers can email [email protected] and our staff will assist you in determining if a business has had a complaint(s) filed against them with our office.

How to file a complaint against an attorney in Tennessee?

To bring a disciplinary proceeding against an attorney in the state, the Tennessee Supreme Court requires that you first file a Memorandum of Complaint with the Board of Professional Responsibility of the Tennessee Supreme Court that includes your name, the name of the attorney and a description of the fact s leading to the complaint. You should also provide any paperwork that supports your complaint. If, for example, you have alleged that your attorney missed several important filing deadlines, include relevant judicial orders and state or local rules that set out the limits for filing lawsuits.

What are the rules of attorney ethics in Tennessee?

Attorneys' Ethics Violations. All lawyers who practice in Tennessee must abide by the Tennessee Rules of Professional Conduct, which govern the client-lawyer relationship. These rules require attorneys to generally act with diligence and competence. For example, an attorney must not miss important deadlines, which would put a client's case at risk.

What is the purpose of discipline in a lawyer?

The main purpose of discipline is to correct the lawyer's wrongdoings. To warrant discipline, the lawyer must have engaged in professional misconduct; merely making a mistake, ...

Can a hearing committee recommend discipline?

The hearing committee can recommend discipline, but the entire board renders the final decision based upon the hearing committee's findings. Attorneys who have been disciplined by the board can appeal to the Tennessee Supreme Court.

Can a lawyer disclose client information without permission?

He must also properly disclose fees to clients and maintain client funds in a properly designated account. Under the rules, lawyers may not divulge confidential client information without permission, or take on work that creates a conflict of interest with another client.

Do attorneys have to follow ethical guidelines in Tennessee?

Sometimes attorneys don't put their clients' interests first. In Tennessee, all attorneys must adhere to ethical guidelines known as the Tennessee Rules of Professional Conduct drafted by the Tennessee Bar Association, a voluntary organization of licensed attorneys. The TBA is responsible for supporting the professional efforts of its members, including setting professional behavior guidelines for attorneys. However, to file a formal complaint against an unethical attorney in Tennessee, you must do so with the Board of Professional Responsibility of the Tennessee Supreme Court, which will investigate the facts and take appropriate action in the form of attorney discipline.

What happens if an attorney violates the Rules of Professional Conduct?

Attorneys who violate the Rules of Professional Conduct are subject to discipline, which could mean suspension of the right to practice law, or even disbarment. All lawyers, however, are not of equal abilities.

Does a mistake alone constitute misconduct?

An honest disagreement about how a case should have been handled does not constitute misconduct, even if the outcome of the case is disappointing. A mistake alone does not constitute misconduct. Like all others, lawyers make mistakes.

What happens if a complaint does not include specific facts?

If the complaint does not include specific facts which establish judicial misconduct, the investigative panel will dismiss the complaint and notify you and the judge of the dismissal. If the complaint contains information about a judge that sets out facts which, if true, indicate judicial misconduct, the disciplinary counsel will conduct ...

What to do if you believe a judge has violated the Code of Judicial Conduct?

If you believe a judge has violated the Code of Judicial Conduct, you may file a complaint with the Board of Judicial Conduct . Before filing a complaint, please review the Frequently Asked Questions for more information about the complaint process and what the Board of Judicial Conduct may consider. To file a complaint, you must fill out ...

Is a matter before the Board of Judicial Conduct confidential?

By law, all matters that come before the Board of Judicial Conduct are confidential and privileged unless formal charges are filed against the judge.

What happens if a complaint does not include specific facts?

If the complaint does not include specific facts which show grounds for judicial misconduct, the investigative panel will dismiss the complaint and notify you and the judge of the dismissal. If the complaint contains information about a judge that sets out facts which, if true, indicate judicial misconduct, the disciplinary counsel will conduct ...

How long do you have to appeal a court decision?

Usually you must appeal within 30 days of the date of the decision with which you disagreed, or you may lose your right to appeal.

What happens if a judge is given a private reprimand?

If a judge is given a private reprimand or enters into a deferred disciplinary agreement, you will not be told by the Board the exact nature of the discipline which has been given the judge when you are informed the complaint has been resolved.

Can disciplinary proceedings be public?

If the panel directs the disciplinary counsel to file formal charges, a public trial may be held in front of a hearing panel, which consists of five other members of the Board of Judicial Conduct who were not on the investigative panel. It is only when formal charges are filed that the matter becomes public. What kinds of disciplinary actions can ...

Can a judge be removed from a case?

No. An allegation of judicial misconduct does not remove the judge from your case and is not a substitute for filing a motion to recuse in court. You should seek the advice of your attorney about the procedure for attempting to remove a judge from your case.

Can a judge be removed from office in Tennessee?

If the Supreme Court affirms the Board of Judicial Conduct's recommendation to remove a judge from office, the case is transferred to the legislature for a final determination. Judges may only be removed from office with a 2/3 vote of both houses of the legislature.

Is the Board of Judicial Conduct an appeals court?

The Board of Judicial Conduct is not an appeals court. It is not allowed to and cannot change any rulings of the judge in your case. For example, the Board of Judicial Conduct cannot change rulings relating to domestic relations or child custody matters, change a sentence in a criminal case or decide whether trial witnesses were believable.