On August 21, 2020, the Supreme Court of Tennessee entered an order suspending Benjamin Dempsey from the practice of law, pursuant to Tennessee Supreme Court Rule 9, Section 12.2, for a period of five (5) years, with three (3) years active, and the remainder on probation. Mr. Dempsey’s active suspension shall be retroactive to August 16, 2018. Mr. Dempsey is required to pay the Board for all costs in the disciplinary proceeding.
Dempsey admitted violating the Rules of Professional Conduct in two matters. In the first matter, Mr. Dempsey entered an Alford plea and was convicted of the Class B misdemeanor offense of simple assault by offensive touching. In the second matter, Mr. Dempsey was suspended for three (3) years by the United States Bankruptcy Court for the Western District of Tennessee for misappropriating funds, engaging in improper trust accounting, making misrepresentations to his client and the Court, and failing to refund fees to his client in a timely manner.
Dempsey admitted his conduct violated Rules of Professional Conduct 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15 (Safekeeping Property and Funds), 1.16 (Declining or Terminating Representation), 3.4 (Fairness to Opposing Counsel), 5.3 (Responsibilities Regarding Nonlawyer Assistance), and 8.4(a), (b), (c), and (d) (Misconduct).
Dempsey must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28 and 30.4, regarding the obligations and responsibilities of suspended attorneys and the procedure for reinstatement.