James W. Clements, an attorney licensed to practice law in Tennessee, received a Public Censure from the Board of Professional Responsibility of the Tennessee Supreme Court on Monday.
Mr. Clements met with a client in April of 2009 to discuss a possible claim against a nursing home for neglect of the client’s relative in July of 2008. Mr. Clements represented he would forward medical records to experts in Georgia and contact his client when he received the expert’s medical evaluation. Over a period of 31 months, Mr. Clements failed to take reasonable steps to have the medical record promptly reviewed by an appropriate expert; failed to take reasonable steps to monitor the expert’s review; failed to provide material information to the client regarding the statute of limitations; failed to reasonably and timely respond to phone calls from the client and withheld material information from his client.
By these acts, James W. Clements violated Rules of Professional Conduct 1.1 (competence), 1.3 (diligence), 1.4 (communication) and 8.4 (misconduct).
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.