NASHVILLE — The Tennessee Supreme Court has permanently disbarred Jason R. McLellan of Kingsport from the practice of law.
It was effective on Wednesday.
According to a news release from the court’s Board of Professional Responsibility, McLellan consented to permanent disbarment because he could not successfully defend the charges alleged in a petition for discipline, supplemental petition for discipline and complaints filed against him in two files.
In the pending disciplinary matters, the release said McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation; made misrepresentations to a court; engaged in conduct involving dishonesty, fraud, deceit and misrepresentation; failed to abide by a client’s decision regarding the dismissal of a pending lawsuit; failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished; and failed to obtain the client’s informed consent before taking action.
He also failed to keep client information confidential; failed to withdraw after a conflict of interest developed; allowed a third person to direct his professional judgment; failed to comply with his ethical requirements upon discharge from representation; and failed to comply with the requirements of a suspended attorney.
Finally, he failed to comply with court orders and failed to respond to disciplinary complaints.
McLellan’s
conduct violated Rules of Professional Conduct 1.2 (scope of
representation), 1.3 (diligence), 1.4(a) (communication), 1.5 (fees),
1.6 (confidentiality of information), 1.7(a) (conflict of interest),
1.15 (safekeeping property and funds), 1.16 (declining or terminating
employment), 3.2 (expediting litigation), 3.3(a) (candor toward the
tribunal), 3.4© (fairness to opposing party and counsel), 5.4
(professional independence of a lawyer), 5.5(a) and (b)(2) (unauthorized
practice of law), 8.1(a) and (b) (bar admission and disciplinary
matters), 8.4(a) (misconduct), 8.4(b) (committing a criminal act), 8.4©
(engaging in conduct involving dishonesty, fraud, or deceit), 8.4(d)
(conduct prejudicial to the administration of justice) and 8.4(g)
(knowing failure to comply with a final court order).
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