In re: James Ralph Hickman, Jr.

Summary

The Tennessee Supreme Court reviewed the discipline imposed on attorney James Ralph Hickman, Jr., for professional misconduct arising from his representation of an estate in probate proceedings. The Court affirmed a one-year suspension but modified the sanction to require six months of active suspension followed by six months of probation, and clarified that the probationary period must be fixed and that violations do not automatically convert the remaining period to active suspension.

Holdings

1. A one-year suspension was appropriate, but the active portion had to be increased from at least ninety days to six months to promote uniformity and appropriateness in relation to comparable disciplinary cases.
2. When suspension is deferred in conjunction with probation, the probationary period must be fixed rather than indefinite.
3. A violation of a probation condition does not automatically cause the probationary period to revert to active suspension; the revocation procedure in Tennessee Supreme Court Rule 9, section 14.2 must be followed.
4. The record supported discipline for violations involving unreasonable fees, false statements to a tribunal, and dishonest or misrepresentative conduct.

Questions Presented

1. Whether the hearing panel's one-year suspension, with at least ninety days of active suspension and the remainder on probation, was too lenient under Tennessee Supreme Court Rule 9, section 15.4.
2. Whether the sanction should impose a fixed period of probation rather than an indefinite period dependent on appointment of a practice monitor.
3. Whether violation of a probation condition automatically causes the probationary period to revert to active suspension.

Disposition

other