On Friday, October 13, 2023, the Supreme Court of Tennessee suspended attorney Eric John Montierth from practicing law due to violations of Tennessee Rules of Professional Conduct regarding diligence, communication with clients, fees, termination of representation, fairness, disciplinary obligations, and conduct prejudicing justice.
The case is entitled “In the Matter of Eric John Montierth,”
The suspension stems from allegations that Montierth failed to properly communicate with clients about closing his law practice. It is alleged he did not adequately transition clients to new representation or refund unearned client fees. Court documents indicate Montierth advised some clients their cases and files had been transferred to another law firm when in fact no such transfer occurred, causing injury to clients.
Montierth has agreed to the suspension under Tennessee Supreme Court Rule 9, Section 12.2. Montierth will serve 18 months of active suspension retroactive to September 2022, with the remainder served on probation.
As part of the conditions of his suspension, he must not incur any new misconduct complaints during the suspension and probation period. He is also required to engage a practice monitor and undergo evaluation by the Tennessee Lawyers Assistance Program. Montierth must pay costs to the Board of Professional Responsibility and provide restitution of $15,500 total to four affected clients.
Under terms of the suspension, Montierth is responsible for notifying all current clients about the loss of his law license and ensuring proper transition of their cases and return of any client materials or property
The Disposition states:
“Effective October 13, 2023, the Supreme Court of Tennessee suspended Eric John Montierth from the practice of law for two years with 18 months active suspension retroactive to September 23, 2022, pursuant to Tennessee Supreme Court Rule 9, Section 12.2, with the remainder served on probation.”
According to avvo.com, Mr. Montierth is a litigation attorney in Oak Ridge, Tennessee. He attended the University of Memphis – Cecil C. Humphreys School of Law. He acquired his law license in Tennessee in 2013.
A copy of the original filing can be found here.