Ex parte Chattanooga Bar Ass'n

566 S.W.2d 880, 1978 Tenn. LEXIS 567
CourtTennessee Supreme Court
DecidedJune 12, 1978
StatusPublished
Cited by5 cases

This text of 566 S.W.2d 880 (Ex parte Chattanooga Bar Ass'n) 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
Ex parte Chattanooga Bar Ass'n, 566 S.W.2d 880, 1978 Tenn. LEXIS 567 (Tenn. 1978).

Opinion

[881]*881OPINION

FONES, Justice.

The Chattanooga Bar Association has petitioned this Court for a determination of the following questions, to clarify procedures under Supreme Court Rule 42:

(1) Whether or not the Chattanooga Bar Association may continue to refer complaints to special masters, appointed by the Chancery Court of Hamilton County, pursuant to the opinion of this Court in Ex Parte Chattanooga Bar Association, 206 Tenn. 7, 330 S.W.2d 337 (1959).

(2) Whether or not the Chattanooga Bar Association may investigate and bring disciplinary proceedings in a court of competent jurisdiction pursuant to T.C.A. § 29-309, “both with respect to grievance matters raised before and after the adoption of Rule 42.”

(3) Whether the Chattanooga Bar Association may continue to police and prohibit unauthorized practice of law by laypersons.

(4) Whether the Chattanooga Bar Association may continue to arbitrate fee disputes between attorneys and their clients.

We have heard oral argument on behalf of petitioner and the Disciplinary Board of the Supreme Court.

I.

In 1959, the Chattanooga Bar Association filed a petition in the Chancery Court of Hamilton County, cause No. 35121, seeking the appointment of special masters for the purpose of conducting an inquiry into the unethical, unlawful and improper practices of attorneys in Hamilton County. The petition alleged that an increasing number of complaints against lawyers had been lodged with the Association complaining of violations of the law and of the legal ethics of the profession; that illegal and unethical practices had “increased to such an extent as to become open and notorious in the minds of the public not only in Hamilton County but throughout the area, bringing into contempt and disrepute not only the vast majority of attorneys and judges whose conduct is in conformity with the highest standards of the legal profession but also to cause public distrust of the judicial processes and administration of justice in the county to the detriment' of the public welfare.”

The Bar Association alleged that its grievance committee was unable to stop the increasing number of illegal and unethical practices which were prevalent in Hamilton County, because of its limited authority, and asserted that unless the Court took appropriate steps to control the conduct of attorneys, the unethical practices would “multiply” to the detriment of the public and the administration of justice in Hamilton County.

[882]*882The Chattanooga Bar Association alleged that primarily the violations were (1) fomenting litigation and soliciting employment; (2) accepting employment where a conflict of interest exists and using confidential information obtained in violation of the fiduciary relationship; (3) fee splitting; (4) failure or refusal to account promptly and properly for funds obtained or held in a fiduciary capacity; (5) obtaining employment contracts, statements of witness and other legal documents under duress, misrepresentation and other improper circumstances; (6) contacting directly an adverse party represented by his own attorney.

The Chancellor appointed counsel to assist and advise the court and to oppose the petition, if in their judgment, such course was right and proper.

A motion to dismiss on the following grounds was filed and sustained:

“(1) no offending attorney was named or otherwise identified; (2) the court is without jurisdiction to order a general investigation into the conduct of attorneys; (3) the relief sought is foreign and unknown to the jurisdiction of the court; and (4) the jurisdiction for this type of petition is exclusively in the Supreme Court of Tennessee.” 206 Tenn. at 12, 330 S.W.2d at 339.

On appeal, Mr. Chief Justice Neil speaking for the Court said this:

“There is no merit in the contention that the petition should be dismissed because no person or persons are named, or otherwise described, as offenders against the honor and dignity of the court or the legal profession. But the Chancery Court and all other courts in Hamilton County are named as victims of unethical practice by officers of the courts, and who are sworn to protect its power and authority. The petition portrays a condition which we are bound to accept as true. The proper administration of justice in the courts of this State is paramount to all other matters, and requires the utmost vigilance by judges and officers alike to the end that its judgments and decrees bear no taint of dishonor. Considering the nature of the charges specifically pointed out in the petition the Chancellor must exercise his inherent authority to inquire as to who it is among many officers who are doing these dastardly things, and what judgments and decrees are affected thereby.” (Emphasis added.) 206 Tenn. at 13-14, 330 S.W.2d at 340.

Cases from other jurisdictions were cited supporting the principle that the court has inherent power to direct a general inquiry into the conduct of its own officers, when confronted with rampant unethical practices that threaten the integrity and honor of its own processes, judgments and decrees.

The Chancellor’s decree dismissing the petition was reversed and the cause was remanded with directions to appoint special commissioners “to conduct the investigation as prayed for under the strict supervision of the Chancellor.” 206 Tenn. at 18, 330 S.W.2d at 342.

The present petition exhibits two orders of the Chancery Court of Hamilton County in the cause remanded by this Court in December, 1959. The first order, dated May 24, 1960, appoints fifteen special masters who were members of the Hamilton County Bar, and three special masters who were members of the bar in the counties comprising the Twelfth Chancery Division of Tennessee. The jurisdiction of the latter three appointees was limited to offenses by Hamilton County lawyers committed within the Twelfth Chancery Division. The second petition, dated April 4, 1977, appoints thirteen special masters, all of whom are apparently members of the Hamilton County Bar, and none of whom were among the fifteen appointed in 1960. The 1977 order expresses the court’s gratitude for the long and faithful services of the prior group of special masters and recites that the responsibilities of special masters should be “shouldered” by different attorneys from time to time, which implicitly was the sole purpose of the order, as no express duties are mentioned therein.

[883]*883The present petition alleges that the 1959 cause remains on the Chancery Court docket; that since the adoption of Rule 42 on December 18, 1975, the Chattanooga Bar Association has continued to receive complaints against its members and to conduct investigations through its grievance committee and “in conjunction with the Special Masters designated by the Chancery Court, pursuant to the authority of T.C.A. § 29-309 and the decision of this Court in Ex Parte Chattanooga Bar Association, supra."

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Bluebook (online)
566 S.W.2d 880, 1978 Tenn. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-chattanooga-bar-assn-tenn-1978.