On Wednesday, April 10, 2024, the Tennessee Board of Professional Responsibility of the Supreme Court publicly censured attorney Marcus Allen Lipham for misconduct related to a lawsuit he filed on behalf of a client.
The case is entitled “In the Matter of Marcus Allen Lipha,” with case nos. 73258-7-DN and 73630-7-SC.
The charges cited Tennessee Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.5(c) and 3.1.
The Board reviewed complaints alleging Lipham filed a lawsuit on behalf of a client that lacked any legal or factual basis. He then failed to respond to the defense’s motion to dismiss or seek to amend the initial complaint. Lipham agreed to dismiss the lawsuit with prejudice, meaning it could not be refiled, without obtaining his client’s informed consent.
Additionally, Lipham failed to respond to a motion for sanctions filed by opposing counsel or notify his client about the motion hearing. As a result, the presiding judge issued an order imposing sanctions against both Lipham and his client.
The Board determined Lipham’s actions violated multiple Rules of Professional Conduct governing competence, scope of representation, diligence, communication with clients, fees, and filing meritorious claims and lawsuits. As a result of these misconduct findings, the Board publicly censured Lipham.
According to avvo.com, Mr. Lipham is a criminal defense attorney in Jackson, Tennessee. He attended the Nashville School of Law. He acquired his law license in Tennessee in 2017.
A copy of the original filing can be found here.
