Tennessee Supremes Green-Light 5-Year Suspension For Lawyer Who Jerked Around Client By Refusing To Disburse $40K In Settlement Proceeds Due To Disagreement Over $1,800 In Miscalculated Expenses
- The Tennessee Supreme Court has upheld an attorney’s five-year suspension and $7,500 in restitution, concluding that the sanctions were not arbitrary or capricious or characterized by an abuse of discretion.
This disciplinary matter arose out of an attorney’s representation of his client in an employment claim. The matter ultimately was settled for $75,000, which was paid into the attorney’s trust account. The attorney and client entered into an agreement by which the client would receive $40,000 of the settlement proceeds after payment to the attorney of remaining fees and expenses.(1)
A short time later, the attorney contacted the client stating that he had miscalculated his expenses and requested an additional $1,800 of the settlement proceeds, to which the client refused.
Accordingly, the attorney refused to pay the client the $40,000 of the settlement proceeds.
(1) For "attorney ripoff reimbursement funds" that sometimes help reimburse victimized clients of theft committed by the dishonest conduct of lawyers licensed in other states and Canada, see:
- Directory Of Lawyers' Funds For Client Protection (February 2017) (includes Canadian recovery funds, courtesy of the American Bar Association);
- Check the USA Client Protection Funds Map;
- Check the Canada Client Protection Funds Map.
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