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When an attorney in Tennessee is accused of ethical violations, the Board of Professional Responsibility (“the BPR”) conducts an investigation into the allegations.  If the BPR believes that a case needs to be filed, it begins the process of litigating against that attorney in order to determine if a sanction should be issued.  At the conclusion of this process, if the BPR proves its case, the attorney could receive a number of sanctions, such as disbarment, suspension, or a public censure.  However, the attorney is entitled to certain due process protections throughout the case, and the BPR has the burden of proof.  The attorney (and the BPR) is entitled to appeal the decision to an appellate court (usually a Senior Judge) and ultimately to the Tennessee Supreme Court. 

 

The Supreme Court accepts very few cases that are appealed to its level.  However, because the Supreme Court is considered the “ultimate arbiter” with regard to attorney discipline in Tennessee, the Court, by its own rules, takes every appeal on BPR cases.  This means that the attorney accused of ethical violations is always able to take his or her case to the Supreme Court if desired.

 

Jerry has a unique perspective on these cases, having worked as Disciplinary Counsel for the Board for almost two years.  During that time, he handled all of the appeals for the Board.  This included drafting appellate briefs, conducting oral arguments, and making all appearances before the Supreme Court.  Jerry developed a high level of skill in drafting briefs, which must be done according to very specific rules.  Additionally, Jerry became very adept at making oral arguments before the Supreme Court justices.

 

He also understands the BPR’s process, including how and why it decides to take certain types of cases, the process of settling them if possible without lengthy litigation, and how to analyze comparison cases in order to determine an appropriate resolution.  Jerry also understands that the attorney involved has the right to a fair and even-handed hearing before the panel of attorneys who will issue the initial judgment.  He recognizes that the BPR has the burden to prove its case.  When he defends an attorney, he is laser focused on the BPR’s burden, and if the proof is not present, he will advocate for the case to be dismissed.

 

Jerry now represents attorneys who are accused of violations, and has successfully resolved cases prior to trial.  In addition, he has assisted attorneys on appeal, resulting in significant reductions in the ultimate sanctions.