Supreme Court Rules Memphis Attorney’s Behavior Warrants 2-Month Suspension

Monday, August 18, 2014

The Tennessee Supreme Court has reinstated a Memphis attorney’s 60-day suspension from the practice of law for his behavior during a trial.

Attorney R. Sadler Bailey was representing a plaintiff in a medical malpractice case in 2008. On the opening day of trial, in a case that already had become volatile among the attorneys, Mr. Bailey became upset when it appeared that Circuit Court Judge Karen Williams was about to rule against his client. After vehement arguments between the attorneys for the parties, the defense began their opening statements and Mr.

Bailey objected 12 times, most made in a manner that was in defiance of Judge Williams’ instructions.

The next day, Mr. Bailey criticized Judge Williams multiple times in court, and the defense sought a mistrial, which the judge initially denied. After continued complaints from Mr. Bailey, a mistrial was declared based on Mr. Bailey’s “contentious conduct toward the court.”

Both Judge Williams and defense counsel filed a complaint regarding Mr. Bailey with the Board of Professional Responsibility, which is responsible for investigating complaints and initiating disciplinary proceedings against attorneys in Tennessee.

A BPR hearing panel heard from four witnesses who described Mr. Bailey’s behavior as “disrespectful,” “frenetic,” and “harsh.” Mr. Bailey asserted that he was merely fulfilling his duty to zealously represent his client.

The Panel found that Mr. Bailey violated several Rules of Professional Conduct and that his extensive experience, misconduct during the course of the trial, and lack of remorse for his behavior supported imposing a 60-day suspension. Mr. Bailey appealed to the Chancery Court for Shelby County, which agreed that the violation of the Rules of Professional Conduct occurred, but decided that a 60-day suspension was not warranted. The BPR appealed to the Supreme Court.

The Supreme Court concluded that Mr. Bailey’s 60-day suspension is consistent with Tennessee cases involving similar violations of the Rules of Professional Conduct and noted that the 60-day suspension is well below the minimum of six months that national standards of the American Bar Association recommend. The court also rejected Mr. Bailey’s claim that his actions were necessary to properly represent his client.

“Attorneys who cross this line may not avoid punishment by claiming that their misconduct served the greater good or the interests of their clients, as such exceptions would overwhelm the rules,” wrote Justice Cornelia A. Clark in the unanimous Opinion.

To read the opinion in R. Sadler Bailey v. Board of Professional Responsibility, authored by Justice Clark, visit the Opinions section of TNCourts.gov.




Tennessee Tax Revenue For March Released

Department of Finance and Administration Commissioner Larry Martin announced Monday that Tennessee tax revenue fell short of budgeted estimates in March. March sales tax revenues reflect retail activity occurring in February, and overall March revenues were $993.6 million, which is $100.9 million less than we collected in March of 2016 and $70.1 million less than the budgeted estimate ... (click for more)

First Tennessee's Operation Hope Provides Financial Literacy To Underserved Chattanooga Communities

With April being Financial Literacy month, First Tennessee’s Operation HOPE is spreading the word about the services they provide to low-income or moderate-income youth, individuals and families in Chattanooga’s underserved communities. Operation HOPE provides multiple services that help those who are struggling financially to get back on their feet. Their programs include Credit ... (click for more)

City Vows Lincoln Park To Be Preserved Despite Major Road, Sewer Projects

City officials vowed on Tuesday that Lincoln Park will be preserved despite a major road extension and sewer relocation planned nearby. Maura Sullivan, the city's chief operating officer, said the Trust for Public Land will hold public meetings geared around ideas for refurbishing the African-American park that once featured ball fields, a swimming pool and other attractions. ... (click for more)

Teen Shot At Brainerd Tunnel; Gunshot Came From Passing Vehicle

A teen was shot in the Brainerd Tunnel on Tuesday afternoon. He was identified as Adrian Williams, 19.   Chattanooga Police responded at 3:16 p.m. to a shots fired call at the 2600 block of Bailey Avenue (the tunnel).   At the same time officers were arriving on the scene, the victim walked into a local hospital suffering from a non-life threatening gunshot ... (click for more)

Don't Clog Up The Last Remaining Semi-Unobstructed Route Into Town From North Of The River

The proposal to turn Hixson Pike in Riverview into a more pedestrian friendly street is more than absurd.   Let's be honest. This is the last semi-unobstructed route into town from north of the river, due to I-27 construction and the bike lane/parking lot that is North Market Street.  So, now the businesses in Riverview would like parking on this main artery? ... (click for more)

Roy Exum: New Orleans Slaps History

It was balmy and relatively quiet on Sunday afternoon in New Orleans. The flowers of spring were in full flush on Canal Street and, as darkness began to cloak the city, no one was aware that a cadre of police snipers was quietly setting up in a hotel parking garage across from the Liberty Place monument. Shortly after 1 a.m. yesterday morning, a number of large trucks rumbled past ... (click for more)