Clinard v. Blackwood

46 S.W.3d 177, 2001 Tenn. LEXIS 443, 2001 WL 530834
CourtTennessee Supreme Court
DecidedMay 18, 2001
DocketM1998-00555-SC-R11-CV
StatusPublished
Cited by133 cases

This text of 46 S.W.3d 177 (Clinard v. Blackwood) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clinard v. Blackwood, 46 S.W.3d 177, 2001 Tenn. LEXIS 443, 2001 WL 530834 (Tenn. 2001).

Opinions

OPINION

HOLDER, J.,

delivered the opinion of the court,

in which ANDERSON, C.J., and BIRCH, joined.

We granted this appeal to determine whether attorney screening procedures may be used to prevent a law firm’s disqualification under Tenn.Sup.Ct.R. 8, [181]*181Canon 5, DR 5-105(D), the vicarious disqualification rule. We hold that when an attorney has a conflict of interest arising from a former representation that would prohibit representation of a present client, DR 5-105(D) does not require automatic vicarious disqualification of that attorney’s law firm. When an attorney has a conflict of interest resulting from former representation, adequate procedures to screen that attorney can rebut the presumption of shared confidences. The screening procedures utilized in this case were sufficient to overcome the presumption of shared confidences. Nevertheless, the serious appearance of impropriety requires the law firm’s disqualification. The judgment of the Court of Appeals is affirmed.

BACKGROUND

Maclin P. Davis, Jr., was a partner in the law firm of Waller, Lansden, Dortch & Davis (“the Waller firm”). While at the Waller firm, Mr. Davis represented both Mr. C. Roger Blackwood and Mrs. Nancy Dods Blackwood in separate matters. In 1988, Mr. Davis left the Waller firm and joined the law firm of Baker, Donelson, Bearman & Caldwell (“the Baker firm”).1 Mr. Davis continued to represent the Blackwoods during his employment with the Baker firm.

John and Edward Clinard filed a declaratory judgment action against Mr. Black-wood seeking to establish a disputed property line. Mr. Blackwood retained Mr. Davis to represent him in the lawsuit. Mr. Davis entered an appearance and filed an answer and counterclaim against the Cli-nards. Mr. Davis and Mr. Blackwood also discussed filing a counterclaim and third-party claim against the Clinards and American Limestone Company, Inc. for blasting damage to the Blackwoods’ property. Ultimately, Mr. Davis withdrew as Mr. Blackwood’s attorney because American Limestone was a client of the Baker firm in an unrelated matter.

Attorney Winston S. Evans was then hired to represent the Blackwoods. Mr. Evans filed an amended counterclaim and third-party claim on behalf of the Black-woods against the Clinards and American Limestone and later added Austin Powder Company, Inc. as a counterdefendant.2

Subsequently, the Waller firm undertook representation of the Clinards and American Limestone against the Black-woods. In June 1997, Mr. Davis left the Baker firm and returned to the Waller firm. Upon Mr. Davis’s return, the Waller firm implemented its “Conflict of Interest Screening Procedures.” These procedures were intended to prevent Mr. Davis and his secretary from sharing information concerning the Blackwoods’ case with the other lawyers and staff of the Waller firm.

In September 1997, the Blackwoods filed a motion to disqualify the Waller firm from continuing to represent the Clinards. The trial court ruled that the Waller firm was not disqualified. The Blackwoods were granted an interlocutory appeal.

The Court of Appeals reversed. In a comprehensive examination of relevant authorities, the court ruled that the screening procedures employed by the Waller firm were insufficient to rebut the presumption of shared confidences between Mr. Davis and the members of the Waller [182]*182firm with regard to the Blackwood/Clinard litigation. We granted review.

STANDARD OF REVIEW

A trial court’s ruling on attorney disqualification, or the vicarious disqualification of that attorney’s firm, will be reversed only upon a showing of an abuse of discretion. State v. Culbreath, 30 S.W.3d 309, 312-13 (Tenn.2000); accord State v. Tate, 925 S.W.2d 548, 550 (Tenn.Crim.App.1995); Whalley Dev. Corp. v. First Citizens Bancshares, Inc., 834 S.W.2d 328, 331-32 (Tenn.Ct.App.1992). A trial court abuses its discretion whenever it “applie[s] an incorrect legal standard, or reachefs] a decision which is against logic or reasoning that cause[s] an injustice to the party complaining.” State v. Shirley, 6 S.W.3d 243, 247 (Tenn.1999).

This Court, however, occupies a unique position to administer the ethical conduct of Tennessee attorneys. “It is well settled that the licensing and regulation of attorneys practicing law in courts of Tennessee is squarely within the inherent authority of the judicial branch of government.” Smith County Educ. Ass’n v. Anderson, 676 S.W.2d 328, 333 (Tenn.1984). Pursuant to our inherent authority, we govern the discipline of attorneys in this state, Swafford v. Harris, 967 S.W.2d 319, 321 (Tenn.1998), and are responsible for “prescribing and seeking to enforce and uphold the standards of professional responsibility.” Petition of Tenn. Bar Ass’n, 539 S.W.2d 805, 810 (Tenn.1976) (Harbison, J., concurring). Furthermore, this Court has “original and exclusive jurisdiction to promulgate [our] own Rules. [Our] rule making authority embraces the admission and supervision of members of the Bar of the State of Tennessee.” Id. at 807.

As the above authorities suggest, this Court owes a special obligation to ensure proper application of our rules and administration of the legal profession. Our review of a lower court’s interpretation of the ethical rules promulgated by this Court is plenary. See In re Burson, 909 S.W.2d 768, 774 (Tenn.1995); Belmont v. Bd. of Law Examiners, 511 S.W.2d 461, 462 (Tenn.1974); Anderson, 676 S.W.2d at 333-34. Accordingly, we will closely scrutinize a trial court’s disqualification of an attorney or that attorney’s firm for an abuse of discretion arising from improper interpretation or application of our rules. Accord Cheves v. Williams, 993 P.2d 191, 205 (Utah 1999) (“The proper standard of review for decisions relating to disqualification is abuse of discretion. However, to the extent this Court has a special interest in administering the law governing attorney ethical rules, a trial court’s discretion is limited.”).

ANALYSIS

This case involves the “delicate and sometimes difficult task of balancing competing interests: the individual right to be represented by counsel of one’s choice, each party’s right to be free from the risk of even inadvertent disclosure of confidential information, and the public’s interest in the scrupulous administration of justice.” Brown v. Eighth Judicial Dist. Court, 14 P.3d 1266, 1269-70 (Nev.2000). Attorney professional mobility is also implicated in this case and is of special concern to us in our capacity as the ultimate regulator of the Tennessee bar. See In re Burson, 909 S.W.2d 768 (Tenn.1995).

This Court has promulgated disciplinary rules regulating the ethical conduct of Tennessee attorneys as part of the Tennessee Code of Professional Responsibility. Tenn. Sup.Ct. R. 8. “The Disciplinary Rules ... are mandatory in character.

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Cite This Page — Counsel Stack

Bluebook (online)
46 S.W.3d 177, 2001 Tenn. LEXIS 443, 2001 WL 530834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clinard-v-blackwood-tenn-2001.