Thomas Fleming Mabry v. The Board of Professional Responsibility of the Tennessee Supreme Court

This is an appeal in a lawyer-disciplinary proceeding involving Tennessee attorney Thomas
Fleming Mabry. In March 2019, the Board of Professional Responsibility filed a petition
for discipline against Mr. Mabry charging him with numerous infractions based on
complaints from several different parties. After the onset of the COVID-19 pandemic, Mr.
Mabry refused to participate in depositions, either in-person, telephonically, or over
videoconference. At his final disciplinary hearing conducted via Zoom, Mr. Mabry briefly
connected, by audio only, and objected to holding the hearing virtually and to the Board
introducing depositions of unavailable witnesses. He requested an indefinite continuance.
He ended the connection. The hearing continued without Mr. Mabry’s participation, and
the Hearing Panel found him in violation of multiple Tennessee Rules of Professional
Conduct. The panel permanently disbarred Mr. Mabry and ordered him to make restitution.
Mr. Mabry appealed to the chancery court claiming several procedural violations, but the
chancery court found no merit in his arguments. Mr. Mabry has now filed a direct appeal
to this Court, raising the same procedural challenges. Upon review, we agree with the
judgments of the Hearing Panel and chancery court—disbarment is the appropriate
sanction for Mr. Mabry’s actions.