Supreme Court Broadens Scope Of Rule Protecting Clients

Saturday, August 31, 2013

A fund that all Tennessee attorneys financially support will now offer even more protection to those clients that may have suffered a financial loss as a result of the dishonest acts of any member of the profession.

“This fund is now supported entirely by Tennessee lawyers – all willing to take responsibility for the actions of the unscrupulous few,” said Supreme Court Chief Justice Gary Wade.

“Fortunately, the number of claims has been few over the years and, in consequence, the fund has grown substantially.”

The Lawyers’ Fund for Client Protection was established more than three decades ago under Supreme Court Rule 25 to reimburse clients for financial losses caused by acts of conversion or theft during the attorney-client relationship. It is supported exclusively by annual fees paid by each licensed Tennessee attorney.

Based on the solid financial standing of the fund, Executive Director Judy Bond-McKissack and the fund’s governing board recommended changes in the rule designed to afford greater protections to the general public. The Supreme Court endorsed their proposal.

“The protection of client interests is an essential element in any system of lawyer regulation,” the Court order states.

The revision to the rule extends the definition of “lawyer” to include all attorneys who practice in Tennessee, regardless of the state granting licensure. Previously, the rule addressed only those attorneys licensed by the State of Tennessee.

Another significant change is to extend from one to three years the amount of time for a client to make a claim for reimbursement. The fund’s governing board pointed out that the small number of valid claims against individuals within the profession has made this extension possible.

The amendments, which are the first changes to the rule since 2009, will go into effect onOctober 1, 2013. Board members of the Lawyers’ Fund for Client Protection are appointed by the Supreme Court and serve without compensation.

Read the text of the new Supreme Court Rule 25 here.


2014 OPGA/POINT Freedom Award Presented To Eclipse Medical

Eclipse Medical, LLC in Chattanooga received the 2014 OPGA/POINT Freedom Award for their service and dedication to veterans and active duty soldiers. The OPGA/POINT Freedom Award recognizes OPGA and POINT members who have provided orthotic and prosthetic fitting and/or rehabilitation for soldiers wounded in action. “Every day more and more of our brave men ... (click for more)

Over Qualified

The loss of a job can be somewhat of a traumatic experience.  Many emotions accompany this life altering event, there are many highs and just as many lows, I will explore the highs and lows at a later time, but what I want this article to focus on are two little words that have a very demoralizing affect on the job seeker, “Over Qualified.” Being labeled “Over Qualified,” ... (click for more)

Architect/Contractor Selected By Erlanger For New Children's/Women's Hospital

HKS has been selected as the architect and McCarthy as the construction manager for a new Children’s and Women’s Hospital at the Erlanger campus on East Third Street. The Atlanta team competed against another Atlanta group for the major construction project. Erlanger officials announced Monday that $11.5 million is being set aside in a debt restructuring for the new $30 ... (click for more)

Red Bank Protestors Say Police Out Of Control

Regular city business was overshadowed at the Red Bank Commission meeting Tuesday night by citizens protesting recent police actions. Outside city hall people holding signs lined the sidewalk and, in the time set aside for residents of the city to speak, the ones that did expressed disapproval of the police procedures surrounding a traffic stop that ended in an alleged beating. ... (click for more)

Chattanooga Has Lost Its Most Popular Citizen - Luther Masingill - And Response

Chattanooga has lost its most popular citizen – Luther Masingill. Although we are saddened we cherish the memories.  All of us have a Luther story.  Mine is the first time I met Luther.  This was before TV and all of Chattanooga listened to Luther on the radio.  I was 12-years-old.  Some of my buddies and I had gone to the State Theater in downtown ... (click for more)

Roy Exum: The Policeman’s Prayer

Every year, when the Law Enforcement Foundation of Greater Chattanooga holds its annual luncheon, it is one of the most heartening displays of what America really believes, down deep inside. The most prominent and influential leaders in the community – well over 1,000 -- gather to pay tribute and pledge their support to our heroes in blue who are unfaltering in their devotion, service ... (click for more)