Sullivan County lawyer disbarred

Published 10:06 am Thursday, July 7, 2022

In a release from the Board of Professional Responsibility, effective July 6, 2022, the Tennessee Supreme Court permanently disbarred Jason R. McLellan from the practice of law. McLellan consented to permanent disbarment because he could not successfully defend the charges alleged in the Petition for Discipline, Supplemental Petition for Discipline, and complaints filed against him in File Nos. 69211-1-DN and 67826c-1-DN.

In the pending disciplinary matters, McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation, made misrepresentations to a court, engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, failed to abide by a client’s decision regarding the dismissal of a pending lawsuit, failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished, and failed to obtain the client’s informed consent before taking action. He also failed to keep client information confidential, failed to withdraw after a conflict of interest developed, allowed a third person to direct his professional judgment, failed to comply with his ethical requirements upon discharge from representation, and failed to comply with the requirements of a suspended attorney. Finally, he failed to comply with court orders, and failed to respond to disciplinary complaints.

McLellan’s conduct violated Rules of Professional Conduct 1.2 (scope of representation), 1.3 (diligence), 1.4(a) (communication), 1.5 (fees), 1.6 (confidentiality of information), 1.7(a) (conflict of interest), 1.15 (safekeeping property and funds), 1.16 (declining or terminating employment), 3.2 (expediting litigation), 3.3(a) (candor toward the tribunal), 3.4(c) (fairness to opposing party and counsel), 5.4 (professional independence of a lawyer), 5.5(a) and (b)(2) (unauthorized practice of law), 8.1(a) and (b) (bar admission and disciplinary matters), 8.4(a) (misconduct), 8.4(b) (committing a criminal act), 8.4(c) (engaging in conduct involving dishonesty, fraud, or deceit), 8.4(d) (conduct prejudicial to the administration of justice), and 8.4(g) (knowing failure to comply with a final court order).

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McLellan must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of disbarred attorneys and is not eligible for reinstatement to the practice of law in this state.