Monday, July 18, 2022

Disbarred, convicted Hendersonville attorney sentenced 35 years

by: Brittney Baird, Caitlin Huff

NASHVILLE, Tenn. (WKRN) —   A disbarred and convicted Hendersonville attorney was sentenced to a total of 35 years on Friday. But, the years will be served consecutively. Andy Allman has been sentenced to 35 years at 30% in state prison.

In November 2021, Andy Allman was found guilty of 18 counts of charges ranging from theft and impersonating a licensed professional to practicing law without a license.

Judge Dee David Gay said, “I want everyone to know that I’ve thought a lot about this case since the stories hit. It’s taken it’s time to make it’s way through the criminal courts because it’s so massive; the evidence is numerous.”

“What he did is something out of the ‘Twilight Zone,'” Judge Gay said his crimes has had a tremendous effect on the legal system, Judges and attorneys as it relates to violating public trust.

Some of the factors the Judge took into consideration for the sentencing included the following: Enhancement factor one; the defendant has previous history of criminal behavior. Enhancement factor three; the offense involved more than one victim. Enhancement factor number seven: released on bail and committed felony. Enhanced factor 14; abused position of public private trust. Enhancement factor 24; offense of theft of property and damage to the victim.

“I have seen no remorse,” added Judge Gay.

Judge Gay said the case involved at least 212 victims, millions of dollars and multiple attempts of disbarment over a six year period.

“I’m still uncertain to why all this happened. That’s been my question from the very beginning. We’ve gone through this, and I still don’t know. All I know is what has been presented to me. And, I’ll base my decision off of that,” said the Judge.

In a nine-day-long trial, prosecutors argued Allman stole money from clients who gave him funds to hold in trust accounts for them.

Allman ultimately represented himself during the trial. Judge Gay said he claimed he didn’t do anything wrong.

“[The Jury] convicted him on every count as charged. That meant a lot to the victims because Mr. Allman has never shown any sort of contrition. He’s never said sorry for what I did,” says Thomas Dean, Asst. DA for Sumner County. 

Allman stole money from clients who gave him funds to hold in trust accounts for them. He also practiced law after being arrested and told not to.

Allman also faces charges in Davidson County. A trial is slated for early 2023.


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Janet Stevens: Isolation and loneliness are fertile ground for elder abuse

Janet Stevens
IT’S TIME to sound the alarm on the growing elder abuse crisis. Across the United States, our most vulnerable citizens are experiencing premature death, physical and psychological harm, and financial ruin due to malicious actors.

The U.S. Department of Justice has found that nearly 10% of adults over the age of 65 experience abuse of some kind. Yet, the number is likely even larger. The DOJ has determined that only 1 in 12 victims of psychological abuse, 1 in 20 victims of physical abuse, 1 in 44 victims of financial exploitation, and 1 in 57 victims of caregiver neglect will report their case. Underreporting is not just a national phenomenon, underreporting occurs in New Hampshire as well.

According to New Hampshire’s Bureau of Elderly & Adult Services, only 1 in 14 cases of abuse will be reported. According to the National Council on Aging, the reasons for underreporting are myriad — fear of retaliation by the offender, reluctance to disclose the incident because of shame or embarrassment, concern they will be institutionalized, dependency on the offender, and an inability to report because of physical limitations or cognitive impairments. An abuser may be a caregiver, someone that is trusted by the senior citizen, but studies indicate that 60 to 90% of elder abuse is committed by family.

Cleary, elder abuse is a pervasive issue. New Hampshire must afford greater protections to our most at risk citizens. Addressing this growing crisis is not without challenges, but there are solutions within our grasp. There are three actions we can take to address the growing elder abuse crisis:

First, we must help New Hampshire residents understand the issue. Elder abuse relative to other forms of intimate partner violence has lagged behind in dedicated research funding, national data collection, and federal legislation. The Elder Justice Act passed by Congress came 24 years after the passage of the Children’s Justice and Assistance Act and was not funded by appropriations. For every dollar spent by the federal government to address family violence, only a penny was spent to address elder abuse. The lack of allocated funding to study elder abuse has stymied awareness. Elder abuse is not a new phenomenon. It simply has not been discussed enough. More must be done to spread public awareness.

Second, we must prevent seclusion of the elderly. A University of Southern California study published in the Journal of Aging and Mental Health found that minimizing loneliness and social isolation can prevent elder abuse. Moreover, the research found that “individuals with a higher interpersonal dysfunction… (had) greater financial exploitation vulnerability.” Loneliness and social isolation make adults over 65 more likely to be victims of abuse. In New Hampshire, we must improve community support services. There are close to 40 senior day centers in the state — 14 of which are covered by Medicaid — that provide essential services while granting a home-based caregiver or family member a respite. These centers have done a lot of good but there must be greater access to them across New Hampshire.

Finally, we must improve reporting methods. A national survey of emergency department physicians found that 74% of doctors could not characterize or define instances of elder abuse and 58% of physicians could not say confidently whether they could identify when elder abuse has occurred. All too often, traits of abuse are similar to the most common medical conditions of those over 65. Burns are similar to contact dermatitis and bone fractures are a symptom of osteoporosis. Research, greater resources, and improved training must be a priority so that the medical expertise of frontline workers can be utilized effectively in the fight against elder abuse.

In 2020, one in five New Hampshire residents was over 60. By 2030, the over-60 population here is expected to top one in four. This is an estimated overall increase of 30% over the next decade. As New Hampshire ages, elder abuse will become more prolific, but we aren’t powerless. There are actions we can take immediately.

New Hampshire Adult Protective Services is staffed by 37 professionals charged with the responsibility for investigating and documenting abuse for a population of 370,000 elderly citizens in the state.

If we add just five more full-time APS professionals to lead investigations into abuse, the effect would be significant. Since 2019, the state has increased the APS budget by 11% to a total of $6.7 million. We are taking the right steps to combat elder abuse, but more must be done. If we do not spread awareness, prevent loneliness and isolation, and improve resources and training, then elder abuse will become widespread.

District 3 Executive Councilor Janet Stevens (R) lives in Rye. 
 
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Sunday, July 17, 2022

How Much Do Nursing Homes Cost?

By Molly Wigand

The journey from living independently to requiring increasing levels of care can be emotionally and financially overwhelming for an individual and their loved ones. When a person can no longer live safely on their own or begins to need specialized care, their family may seek the assistance of a nursing home, which can also be called a skilled nursing facility or skilled nursing community, to help provide care for their loved one.

Learning about the costs and financial expectations of nursing home care can help provide focus, clarity and direction as families navigate this life-changing transition together. Here’s what you need to know.

What Is a Nursing Home?

According to the National Institute on Aging, nursing homes typically offer residents a range of services, including:

  • Nursing care
  • 24-hour supervision
  • Three meals a day
  • Assistance with activities of daily living (ADLs), such as bathing, dressing, walking, using the toilet and eating
  • Rehabilitation services, such as physical, occupational and speech therapy

Skilled nursing communities are able to accommodate “higher acuity situations,” meaning residents with feeding tubes, tracheostomy tubes and/or respirators, says Don Minter, a certified senior advisor, certified dementia practitioner and area owner of Senior Care Authority in the Kansas City area. He cites these three medical necessities as primary reasons a resident may require skilled nursing care instead of independent or assisted living.

Experts like Minter often prefer the term “skilled nursing community” to “nursing home” due to the negative connotations of the latter phrase. Meanwhile, the Centers for Medicare and Medicaid Services (CMS) uses the term “skilled nursing facility,” which is often abbreviated as “SNF.”

Types of Nursing Homes and Senior Living Facilities

Once a person is either unable to live on their own safely or elects to relocate to an environment that provides access to more daily assistance, they can choose from a variety of community options that cover the full continuum of care.

Board and care homes (sometimes called residential care facilities or group homes) are small, private facilities in which residents receive meals, assistance with ADLs and 24/7 access to on-call staff 24/7. These facilities typically do not offer medical services.

Assisted living communities vary in size and are designed for people who are somewhat independent but may require assistance with medication management, housekeeping or laundry. Assisted living communities typically offer various levels of care, and the price of residency varies based on the amount of care provided.

In assisted living communities, people may live in private or shared apartments, rooms or studios and socialize with other residents in community areas. Assisted living accommodations may include up to three meals a day, as well as recreational and educational activities, shopping trips and transportation services.

Both board and care homes and assisted living facilities are regulated by states, according to Joseph Shega, M.D., executive vice president and chief medical officer of VITAS Healthcare and a Forbes Health Advisory Board member. As a result, the services rendered by these facilities and their ability to handle acuity and complexity will vary depending upon state rules and regulations, he adds.

Skilled nursing facilities offer acute medical care, three meals a day and 24/7 medical staff support. Short-term skilled nursing facility stays are sometimes recommended following an injury or hospital stay, with residents returning home following recovery. Many nursing home residents, however, have health or cognitive issues requiring ongoing care, most likely living permanently in these facilities.

Continuing care retirement communities (CCRCs), sometimes known as life care communities, incorporate various levels of care in a single campus location. Independent living, assisted living and skilled nursing care are all available in these communities, and people can move from one level of care to another as their circumstances change.

“If a resident is living on the independent living side of the community and falls and breaks a hip, they can stay in the same community and rehab back to home in independent living,” says Minter. However, the costs associated with CCRCs can be prohibitive, with initial buy-ins averaging from $60,000 up to $750,000, according to Minter.

Nursing Home Costs and Expenses

Average Costs and Considerations

Because of the level of care provided in these communities, nursing homes are expensive. The average cost of a private room in a nursing home ranges from $280 to $550 per day—approximately $9,000 to $15,000 per month—depending on the person’s location and level of care required, according to Minter.

The American Council on Aging publishes a list of average prices of nursing homes by state and region annually through its Medicaid Planning Assistance organization. Review this breakdown for a more accurate estimate for you or your loved one, as cost can vary dramatically based on geography.

Medicare and Skilled Nursing Care

Medicare can cover a nursing home stay if the person meets all three of the following criteria:

  • They are enrolled in Medicare Part A.
  • They had a qualifying hospital stay of at least three consecutive days.
  • Their doctor ordered services in a skilled nursing facility.

Most daily services in a nursing home are included in a community’s daily rate. Depending on the resident’s care plan, Medicare can cover physical, occupational and speech therapies, as well as basic daily skilled nursing care. Check with your facility’s director to avoid unexpected charges.

Medicare’s skilled nursing benefits vary according to the length of a person’s stay in each benefit period.

  • Days 1-20: Medicare pays 100% of the costs.
  • Days 21-100: The resident pays coinsurance in the amount of $194.50 per day (in 2022), and Medicare covers the remainder of the cost.
  • Day 101 and beyond: The resident is responsible for 100% of the costs.

Medicare Advantage plan benefits may also vary.

Ways to Pay for Nursing Home Care

While Medicare covers short-term skilled nursing stays, longer-term or permanent residence in a nursing home requires other financing options.

Minter says residents and their families typically have the following options when paying for long-term skilled nursing facility care:

  • Private pay. Either a resident’s assets or their family’s assets can pay for skilled nursing care.
  • Veterans’ benefits. VA Aid and Attendance benefits can contribute up to $1,800 a month to skilled nursing care.
  • Long-term care insurance. Accrued benefits can help defray costs.
  • Life insurance, depending on the policy. Some policies can help cover costs associated with skilled nursing care, but check with your insurance company to ensure this benefit is provided by your or your loved one’s policy.
  • Medicaid. A common method of paying for skilled nursing care, Medicaid benefits are determined at the state level, so check your specific benefits before signing any contracts.

What to Consider When Searching for a Nursing Home

Medicare’s nursing home comparison chart can help you compare facilities within a specified radius of your preferred location. The tool aggregates consumer ratings (one to five stars) for facilities overall, as well as their health inspections and quality measures. Individual states provide these ratings as well.

Working with a certified senior advisor (CSA) can also help narrow your search for appropriate accommodations for yourself or a loved one. Many CSAs have extensive knowledge of the local market and are trained to help older adults and their families find the community that most appropriately suits their specific needs.

It’s a good idea to visit a nursing home in person, too, as ratings and impressions of a community “on paper” may not give a complete picture. “When we go into a community, we’re always looking at the care the residents are receiving,” says Minter. “How do the residents look? Are their faces shaved, is their hair combed, do they look clean and are they smiling? Resident and staff interactions are paramount,” he adds. “It’s everyone’s goal to have their loved one age in a place where they don’t have to move again.”

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Florida judge to be disciplined after video shows him cursing out defendant

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A Florida judge has been disciplined after a video showed him cursing out a defendant. 

A document from the Chair of the Florida Judicial Qualifications Commission shows that Seminole County Judge Wayne Culver is to be suspended without pay for 60 days, will receive a public reprimand, and will be required to complete an anger management course and stress management counseling.

"The Commission believes that such a sanction serves to remind judges and assure the public that judges in the State of Florida are held to the highest standard of personal conduct," the report states.

Two incidents are cited in the reasoning for Culver's suspension.

One incident, which reportedly took place on Jan. 25, involved Culver responding to a litigant that was heard yelling and being disruptive.

"Judge Culver told the respondent that the Court's words were 'the most important words you'll ever hear as long as you live as an organism on this planet.' The Court followed that up by telling the pro-se respondent that if he continued to interrupt the petitioner, the judge would send him to jail for so long that the litigant would 'have to have the jail re-named after [him],'" the report states. 

The Commission found that Culver's use of "sarcasm and mockery" was inappropriate and served to raise the level of tension in the courtroom.

Another incident, which took place on Feb. 10, is believed to address Culver's behavior in a video that shows him cursing at a defendant.

"Can you shut up and sit down?" he's heard saying in the video.

"That's not shutting up," he replies when the defendant responds.

"Do you want to be held in contempt and go to jail?" He is heard asking. "I asked you a [expletive] question [expletive]."

This behavior and the issue from January landed in the hands of the Judicial Qualifications Commission, and in a just released finding, the JQC writes, "Judge Culver has admitted and agreed that his conduct… violated the code of Judicial Conduct."

And specifically referencing the language from the bench, the JQC said Culver's words “are as offensive as they are inappropriate.”

The January case was also referenced in the findings released by Judicial Qualifications.

In a hearing earlier this year, a person involved in a legal matter in Culver's court was being disruptive, prompting Culver to suggest he'd be in jail long enough to "have to have the jail re-named after him.”

According to the finding, the judge "unlawfully imposed three consecutive contempt sentences,” though he eventually amended those sentences.

The document goes on to say Culver has "accepted full responsibility" that he "regrets that his actions have cast a negative light.”

The Supreme Court will have the last word on what happens next.

Seminole County Court administration points out that later in the February video, Culver apologizes and the man who walked into court apologized as well.

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Live-in caretaker charged with murder after man’s body found in south Charlotte condo, warrant says

By WSOCTV.com News Staff

CHARLOTTE — A 50-year-old woman has been charged with first-degree murder after warrants indicate that she confined and restrained an adult with disabilities.

The Charlotte-Mecklenburg Police Department responded to a call for service at a condo in the 3100 block of Heathstead Place on June 24th at around 9:54 p.m. Police said when they arrived, they found Kimberly Mackey hurt and 35-year-old Bradford Womack dead.

Kimberly Mackey

After a thorough investigation with CMPD and the Mecklenburg County Medical Examiner’s Office, they determined Mackey was responsible for the death of Bradford Womack. Mackey was charged with first-degree murder, concealment of a death and abuse of a disabled adult, according to police.

Mackey was Womack’s live-in caretaker, according to warrants.

On June 20, Mackey, “confined and restrained that adult in a place and under a condition that was cruel and unsafe,” according to the warrant.

Police responded to the home four days later.

“There was no reason for me to expect there was anything that foul,” neighbor Joan Coggins said. “Nowadays, we just can’t assume everything is OK.”

The warrant doesn’t state exactly how Womack died, but it says he suffered a “physical injury” as a result of being restrained and died.

Neighbors who live in a quiet south Charlotte condo community told Channel 9′s Glenn Counts that they were stunned by this incident. They said Mackey kept to herself most of the time but was very friendly when she did engage.

“I’m really shocked. She was very friendly and pretty outgoing anytime I would talk to her,” neighbor Allie Hinds said. “And I had no idea anybody else was even in there, so that was super surprising.”

One neighbor said she knew Mackey was taking care of Womack but she hardly ever saw him.

“We knew he was there, but he was being cared for, so he wasn’t up and about running around. I saw her coming and going frequently,” neighbor Joan Coggins said. “I’m sad about the gentleman dying; he wasn’t that old. I’m surprised because...you can’t tell by looking.”

Mackey is being held in jail without bond.

Police asked anyone with information about this case to speak to a homicide detective at 704-432-TIPS.

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Saturday, July 16, 2022

Bobby Schlindler on The Shannon Joy Show - 08 July 2022


Source:
Bobby Schlindler on The Shannon Joy Show - 08 July 2022

Former Santa Rosa County lieutenant takes plea deal in elderly exploitation case


SANTA ROSA COUNTY, Fla. -- A former Santa Rosa County Sheriff's Office lieutenant took a plea deal Tuesday in his elderly exploitation case.

Authorities announced in January that Scott Haines, who was in charge of an elderly woman's finances, fraudulently obtained over $10,000 by depositing the woman's rental payments into his own personal bank account.

Appearing in Santa Rosa County court Tuesday, Haines pleaded no contest to 29 counts of unauthorized use of a computer system. As part of the deal, his five elderly exploitation charges were dropped.

Haines was sentenced to five years probation and ordered to pay nearly $47,000 in fees. He was also ordered to relinquish his criminal justice certification.

Haines will appear in federal court on Wednesday.

Assistant State Prosecutor Guillermo Vallejo tells Channel 3 that as part of a plea deal, Haines will plead no contest to lying to the FBI (making false statements). In turn, his wire fraud charges will be dropped.

The crimes allegedly happened between Between Jan. 1, 2015 and May 12, 2021. Haines was charged with four counts of wire fraud, as well as with making fraudulent statements that he never took part in any of the matters.

The indictment stated that Haines escorted the elderly woman to the office of her attorney while in his Santa Rosa County Sheriff's Office uniform. He was then appointed Power of Attorney.

Haines allegedly designated himself as the "Payable on Death" beneficiary for the victim's personal bank account, deposited rental payments into his own personal bank account and more.

Following a December 2019 investigation, Haines was demoted from captain to lieutenant within the Santa Rosa County Sheriff's Office following a sexual harassment investigation.
 
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Friday, July 15, 2022

In Major Victory for Britney Spears, Judge Orders Jamie Spears to Be Deposed and Produce Surveillance Records

by Elizabeth Wagmeister


A judge ruled that Britney Spears’ father, Jamie Spears, must sit for a deposition and produce all documents that are being requested by the pop star’s team. The judge ordered Spears’ father will be deposed within the next 30 days in Los Angeles.

Judge Brenda Penny ordered Spears’ father to produce all documents related to electronic surveillance. This move favors the singer, and indicates that the court believes it has reason to further inquire into shocking allegations that Jamie Spears had hired a security firm that put his daughter under surveillance throughout her conservatorship, with allegations of monitoring her phone and bugging her bedroom to record her private conversations.

Prior to the judge’s ruling on these motions, Jamie Spears’ attorney, Alex Weingarten, asked the judge to give his team access to documents from the singer’s team to help prepare for his client’s deposition.

“It’s a deposition. Not an ambush,” Weingarten said in the courtroom, before Judge Penny ruled against his request.

The hearing at the Los Angeles Superior Courthouse was heated with fiery debate among Weingarten and the pop star’s attorney, Mathew Rosengart.

Wednesday’s hearing marked a big victory for the singer, who has been fighting against her father in a continuous legal battle ever since her conservatorship was terminated last year.

Spears was put under a court-ordered conservatorship in 2008 by her father, who acted as her sole conservator for most of the 13 years. After more than a decade of fighting against the arrangement, Spears’ father was suspended by the court in September 2021, and the conservatorship was ultimately terminated in November 2021. Despite the singer’s newfound freedom, her legal team’s battle has remained messy with no resolution from either side.

Still on the table after Wednesday’s hearing is whether the singer will be deposed by her father’s team.

The judge nearly reached a decision on that matter, first giving a tentative order to deny Jamie Spears’ motion to depose his daughter, but then decided to continue the motion, asking the attorneys on both sides to present their arguments to the court on why the singer should or should not sit for a deposition, ahead of the July 27 hearing.

“You don’t sit down a victim for a deposition to be deposed by the victimizer,” Rosengart argued in the courtroom, telling the judge that sitting for a deposition would be “re-traumatizing” to the singer.

Last month, Weingarten filed documents on behalf of Jamie Spears, requesting to depose his daughter, in light of her social media posts. Rosengart blasted the request, calling it a “revenge” and “sham.”

In court on Wednesday, Weingarten said that having Spears sit for a deposition is par for the course, since she is a party in the case. Rosengart firmly disagreed, arguing that Spears’ father should have all the information he needs, given that he was the one who was running her conservatorship and making decisions about her life.

“Ms. Spears was in a conservatorship for 13 years that was run by her father,” Rosengart told the judge. “Mr. Spears is the individual who has documentation and first hand knowledge…Mr. Spears and the documentation serve as the evidence…Ms. Spears has no knowledge or documents,” Rosengart continued, telling the judge that she is the victim in this situation. “She’s not the accuser. She’s not the alleger,” he said. “Ms. Spears is not a plaintiff here. Ms. Spears is not a defendant here.”

Rosengart told the judge that his client’s father is only filing motions to “drive up fees,” instead of letting his daughter “move on with her life.”

“She is free, and Mr. Spears wants to suck her back into the conservatorship” for “improper, immoral reasons,” Rosengart said.

At one point, pleading with the judge to allow his team to depose the pop star, Weingarten said that “unfortunately” there are documents under seal and “court orders regarding” the electronic surveillance. “Based on what I know,” he said, “I suspect that Ms. Spears will be a treasure trove of information.”

Weingarten said that if the judge decides the singer does not have to sit for a deposition, her father will not have his “fair day in court.” The attorney said he is being held to a “different standard” than other parties in the case, based on “unproven allegations.”

“I appreciate that it’s en vogue to trash Jamie Spears,” Weingarten told the judge “But he has rights…In this country, you’re innocent until proven guilty.”

“You do not put a victim back in front of the victimizer. It’s the wrong thing to do,” Rosengart shot back. “That would be wrong, whether my client was Britney Spears or Jane Doe.”

“The mere deposition itself is harassment,” Rosengart told the judge.

Rosengart has been fighting against Jamie Spears and the singer’s former business manager, Tri Star Sports & Entertainment, ever since he was retained by Spears in summer 2021. He has accused the company of “stonewalling” his attempts to obtain information for his client, refusing to cooperate and avoiding deposition. Spears’ legal team said they have been requesting to depose the elder Spears for nine months, and claimed he has evaded those requests. At Wednesday’s hearing, Judge Penny moved in favor of the star, agreeing that her father has failed to appear for his deposition.

Earlier this month, in bombshell court documents, Rosengart claimed that his client’s father and Tri Star were in cahoots to create the conservatorship and reap the benefits by taking millions of the superstar’s hard-earned money, rather than looking out for her best interest, which they deny. (Tri Star and its founder, Lou Taylor, served as the superstar’s business managers from 2008 through 2020, and the company was hired by Spears’ father around the time he placed her under a conservatorship.) Rosengart claimed that Tri Star was directly involved in creating the conservatorship and received at least $18 million throughout it.

Lawyers for Tri Star denied these claims, stating, “As all the evidence makes abundantly clear, the conservatorship was set up on the recommendation of legal counsel, not Tri Star, and approved by the Court for more than 12 years.”

Spears’ father and Tri Star have denied all claims of improper behavior, despite been the subject of damning accusations. While the surveillance allegations have largely focused on Spears’ father and Black Box, the security team he was alleged to have hired, Tri Star has been at the center of extensive claims of financial mismanagement.

A report in the New York Times alleged the star was under surveillance from a security team hired by her father and that Tri Star was involved in monitoring the singer’s phone. At the time, a lawyer for Tri Star told the Times, “These allegations are not true.” Earlier this month, Weingarten filed a sworn declaration from Jamie Spears, denying having any awareness of his adult daughter’s private bedroom being bugged or authorizing surveillance of the pop star. “I am informed of the allegation by Britney’s counsel that a listening device or ‘bug’ was placed her bedroom as surveillance during the Conservatorship,” the declaration stated. “This allegation is false.”

Weingarten did not speak to members of the media after the hearing on Wednesday, but outside of the courthouse, Rosengart told reporters that his client wants to simply “move on.”

“Mr. Spears, if he loves his daughter, as he professes he does, should leave her alone,” Rosengart told reporters, including Variety. “He should get on with his life, instead of continuing to litigate against his daughter.”

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Kingsport lawyer Jason McLellan disbarred


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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