The Process of Defending a Lawyer's License
After a complaint has been filed against you with the Board of Professional Responsibility of the Supreme Court of Tennessee, a copy of the complaint is sent to the lawyer, who has 10 days to file a response. Timely response is critical. Failure to respond can result in the summary suspension of your law license. Down the road, failure to timely respond can also give rise to a claim of obstruction that can be used to enhance any penalty the Board may seek to hand down.
Defending Attorneys Against Complaints of Misconduct
I am Samuel J. Muldavin, Attorney at Law. A large portion of my Memphis law practice is dedicated to attorney/disciplinary defense. Representing and defending attorneys who are at risk of losing their law licenses what I do and my track record is a good one. While I can get involved at any stage of the disciplinary process, I prefer being consulted early as possible. My writing the initial response to the complaint is usually my client's best opportunity to make a good first impression with the Board.
Once the response is filed, it is given to the person who filed the complaint for comment. There may be several iterations of this back-and-forth before a hearing is scheduled.
Actions the Board Can Take
Once the response is filed, it is given to the person who filed the complaint for comment. There may be several exchanges of responses and replies before this initial phase is resolved. At this phase, in which all matters are deemed confidential, resolution can take the form of a dismissal of the complaint, an informal private admonition or informal public censure or the filing of formal charges of misconduct.
A formal hearing, which is a matter of public record, is held before a three person hearing panel which can take any of the following actions:
- Dismiss the complaint
- Issue a public censure
- Suspend the attorney's license
- Disbar the attorney
Either the attorney or the Board can appeal the decision of the panel to the chancery court and, ultimately, to the Tennessee Supreme Court. I have successfully defended clients at all levels of process.
If a complaint has been filed against you, please contact me to discuss your case. Call 901.730.4912 or e-mail my Memphis law firm.
