March 26, 2007
By Brian Lazenby Staff Writer
A legal consumer reform group recently ranked Tennessee fourth in the nation among states for its system of disciplining lawyers but questions reliance on private reviews.
"We are concerned about Tennessee's closed-door system," said Suzanne Blonder, senior counsel for HALT.
HALT recently evaluated the lawyer disciplinary systems in all 50 states, ranking the Tennessee Board of Professional Responsibility fourth. The group ranked Georgia's disciplinary system ninth in the nation and Alabama's 47th. HALT, an Organization of Americans for Legal Reform, is a nonprofit, nonpartisan public interest group of more than 50,000 members, according to the organization's Web site.
Tennessee sanctions attorneys in private two times as often as it issues discipline in public, which Ms. Blonder said hurt the board's score for adequacy of discipline imposed, which was a D. In five other areas, the state earned grades ranging from an A to an F.
"We'd like to see them meting out public, formal discipline," Ms. Blonder said.
In Tennessee, the Board of Professional Responsibility investigates ethical complaints against attorneys such as conflicts of interest and mishandling funds. It issues punishments ranging from private censure to disbarment.
There are 18,460 active, registered attorneys in the state, according to board records. So far this fiscal year, the board has disbarred seven lawyers and has 542 investigative files pending, records show.
Lance Bracey, chief disciplinary counsel for the board, said issuing private sanctions is an asset to the state's disciplinary system. He said the practice is contributing to a reduction in the number of complaints filed against lawyers in the state.
"We give much more private discipline than in other jurisdictions," Mr. Bracey said. "We try to address matters while they are acorns rather than oak trees."
He said working to prevent ethical problems limits the number of attorneys engaging in unethical behavior.
"We try to address it on the front end," Mr. Bracey said.
Chattanooga lawyer Barry Abbott said he believes Tennessee's system for investigating and disciplining lawyers accused of unethical behavior is one of the best.
"The punishment should meet the crime, and I think it does in the lawyer discipline system," said Mr. Abbott, who is on the board of governors for the Chattanooga Bar Association.
Ms. Blonder also criticized Tennessee's system because the board's disciplinary panel that hears and investigates complaints is made up solely of lawyers.
She said 46 other states allow nonlawyers to fill seats on the disciplinary board.
"Tennessee really comes up short in that area," Ms. Blonder said.
Mr. Bracey said he is aware of HALT's findings in that area, which scored Tennessee an F.
He said he is unsure if a change will be made.
"That would involve policy issues that fall under the Tennessee Supreme Court," he said. "All in all, I think fourth in the nation is pretty good."
E-mail Brian Lazenby at blazenby@timesfreepress.com
© 2007, Chattanooga Times.
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