Thursday, September 11, 2014

TN Supreme Court Upholds 30-Day Suspension for Nashville Lawyer Who Criticized Judge in Email

The Tennessee Supreme Court has upheld a 30-day suspension for Nashville attorney William Caldwell Hancock for his conduct in a bankruptcy case, which included sending an email to the judge calling him “a bully and clown.”
The disciplinary action against Mr. Hancock was originated by the Board of Professional Responsibility (BPR) in 2010 in connection with Mr. Hancock’s representation of a commercial client in a bankruptcy action. After several months of contentious litigation, Mr. Hancock withdrew from the case in 2008 and sought attorney’s fees totaling more than $350,000. The court ultimately refused the fees and described his behavior throughout the case as, among other things, “unprofessional.”
Mr. Hancock appealed the decision denying his fees in federal court and, after seeking two extensions and filing paperwork outside the deadline that did not conform to standards, was again denied attorney’s fees. He then sent an email in late 2009 to the judge in the original bankruptcy case that said “… if you have a decent bone in your body you will get down off your high horse and act like a man instead of a bully and clown … .” 
In 2011, a BPR hearing panel found that Mr. Hancock had violated five of the Rules of Professional Conduct and the panel concluded, when taking into account all the circumstances, the penalty should be a 30-day suspension of Mr. Hancock’s law license. The BPR and Mr. Hancock appealed the decision to the Chancery Court for Davidson County, which found three additional rule violations and upheld the 30-day suspension.

Full Article and Source:
Supreme Court Upholds 30-Day Suspension for Nashville Lawyer Who Criticized Judge in Email

2 comments:

Thelma said...

Whatever happened to free speech - especially if it's true?

StandUp said...

The Bar protects its own unless a judge has been affected. In that case, the Bar eats its own.