Attorney Barbara Sims Arthur of Chattanooga has been publicly censured by the Tennessee Supreme Court.
The Board of Professional Responsibility filed a Petition for Discipline against Ms. Arthur pursuant to Rule 9, Rules of the Supreme Court based upon two complaints.
In the first complaint, Ms. Arthur prepared two Chapter 13 Bankruptcy petitions, but was unable to file them because she had not been reinstated to practice in the Bankruptcy Court following a previous suspension. Ms.
Arthur’s clients signed the petitions as pro se litigants, indicating they were not represented by counsel and Ms. Arthur filed them.
In the second case, Ms. Arthur’s client had been served with a detainer warrant. Ms. Arthur represented to opposing counsel that the Bankruptcy Court had issued an automatic stay, when her file revealed that the request for a stay had been denied.
The Hearing Panel found that Ms. Arthur violated Tennessee Supreme Court Rule 8, Rules of Professional Conduct 1.1 (competence); 1.2 (scope of representation); 3.1 (meritorious claims and contentions); 3.3 (candor toward the tribunal); 4.1 (truthfulness in statements to others); and 8.4 (misconduct).
For these violations, the Tennessee Supreme Court publicly censured Barbara Sims Arthur. A public censure is a rebuke and warning to the attorney, but does not affect the attorney’s ability to practice law.