GEORGE H. THOMPSON, III v. BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE M2018-02216-SC-R3-BP

Attorneys: Appellee/Defendant: Jerry D. Morgan Sandra Jane Leach Garrett Pro Se: George H. Thompson, III Trial Court: Davidson County Chancery Court Trial Judge: Don R. Ash Argument Type: Oral Argument This attorney-discipline case was initiated after a single complaint alleging that the attorney, Mr. George Thompson, allowed the statute of limitations in a client’s personal injury action to expire, prohibiting the client from refiling her claim or obtaining relief. Mr. Thompson offered his client $5,000 in exchange for a release from liability concerning the case, but he did not advise his client that she should obtain independent legal counsel regarding the release. Mr. Thompson stipulated to the acts of wrongdoing and that he violated the Rules of Professional Conduct. As a result, the hearing panel found that a one-year suspension, thirty days active with the remainder on probation,was the appropriate measure of discipline given Mr. Thompson’s history of similar acts of wrongdoing and discipline. The chancery court affirmed the hearing panel’s sanction. On appeal to the Supreme Court, Mr. Thompson argues that thirty days active suspension would effectively eliminate his ability to carry on his solo practice and would force him to retire early. Additionally, Mr. Thompson argues that he did not knowingly or intentionally violate the rules, so a suspension is not appropriate in this instance. The Board argues that the hearing panel’s decision is not arbitrary or capricious and is supported by substantial and material evidence.