Regret Is Not Enough

An attorney who had failed to file a personal injury suit and allowed the statute of limitations to expire was suspended for five months. The Tennessee Supreme Court reviewed and affirmed the sanction, rejecting the attorney's appeal seeking a public censure or shorter suspension. the court set forth the standard of review, concluding that the sanction was not arbitrary or capricious and was suppoted by substantial and material evidence. While the attorney had offered to pay the clients $9,000 and told them about the blown statute, he did not advise them of a possible malpractice claim or to seek the advice of independent counsel. the attorney had previouslt been suspended for 30 days for unlawful conversion from his law firm of an amount in excess of $90.000. The court here did not find that his "expression of regret is sufficient to merit a reduction of the sanction imposed...." (Mike Frisch)