Carlos Eugene Moore v. Board of Professional Responsibility Of The Supreme Court of Tennessee

Carlos Eugene Moore (“Attorney”) entered into a written contingent fee agreement to represent a client in a personal injury matter. The agreement, which was signed by the client, provided that if the client refused to accept any settlement offer which Attorney advised her was reasonable and should be taken, the client was responsible for the contingency fee “on the basis of that offer” unless Attorney waived the provision. When Attorney received an offer to settle the matter, he advised the client to accept the offer. She refused. Attorney filed a motion to withdraw which was granted. Attorney also sought to place a lien against the client’s eventual recovery for his fees and expenses “presently owe[d].” After the client filed a complaint with the Board of Professional Responsibility (“BPR”), the BPR filed a petition for discipline. A hearing panel was appointed and, after an evidentiary hearing, the panel concluded that (1) Attorney had “made an agreement for and has sought to collect an unreasonable fee,” violating Rule of Professional Conduct (“RPC” or “Rule”) 1.5(a) and 1.5(c); and (2) Attorney had “violated Rule 1.8(i) because [the client] became obligated when [Attorney] advised [her] that the settlement offer . . . was ‘reasonable and should be taken.’” The hearing panel imposed a sanction of public censure. Attorney sought review in chancery court, and the chancery court affirmed the hearing panel’s decision. Attorney then sought review in this Court, arguing that the hearing panel’s findings that he had violated the Rules of Professional Conduct were arbitrary and capricious and not supported by substantial and material evidence. Attorney further contends that the sanction imposed was arbitrary and capricious and not supported by substantial and material evidence. We hold that the record supports both the findings of violations and the imposition of a public censure. Accordingly, we affirm the chancery court’s ruling upholding the hearing panel’s decision.