Tennessee Supreme Court permanently disbars Madison County attorney
NASHVILLE, Tenn. — The Tennessee Supreme Court permanently disbarred Marcus Allen Lipham from the practice of law effective April 1, 2026, and ordered him to pay restitution to seven former clients in the total amount of $26,500.
After a final hearing on a disciplinary petition containing nine separate complaints, a Hearing Panel determined Lipham knowingly engaged in ethical misconduct that involved failure to provide competent representation, failure to act within the scope and authority communicated by clients, failure to act with reasonable diligence, failure to communicate with clients, charging of unreasonable fees, failure to properly terminate representation, failure to expedite litigation, making of false statements to courts and parties, failure to provide legal services after accepting fees, failure to respond to multiple Board inquiries for information, and multiple instances of misconduct involving prejudice to the administration of justice.
Background
On Nov. 18, 2024, the Supreme Court of Tennessee temporarily suspended Lipham from the practice of law upon finding that he posed a threat of substantial harm to the public and was substantially non-compliant with a Tennessee Lawyers Assistance Program monitoring agreement. Lipham failed to complete certain testing and additional treatment as required.
The temporary suspension precluded Lipham from accepting any new cases and required him to cease representing existing clients by Dec. 18, 2024.
Violations and restitution
The Hearing Panel found by preponderance of evidence that Lipham knowingly committed violations of Tennessee Rules of Professional Conduct 1.1 (competence), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.9 (duties to former clients), 1.15 (safekeeping property and funds), 1.16 (terminating representation), 3.2 (expediting litigation), 3.3 (candor toward Tribunal), 3.4 (fairness to opposing party and counsel), 8.1 (bar admission and disciplinary matters), and 8.4(a), (c), and (d) (misconduct).
Lipham was ordered to pay restitution to the following individuals: Scott Campbell in the amount of $3,500, Wolf Schexnider in the amount of $3,500, Robert C. McLemore in the amount of $3,000, Dawn Bennett in the amount of $2,500, Tina Mosier in the amount of $6,000, Shaun Poole in the amount of $3,500, and Sha Yvonne Savov in the amount of $4,500.
In the event restitution is made by the Tennessee Lawyers’ Fund for Client Protection, Lipham must reimburse the fund in the same amount.
Lipham must also pay the Board of Professional Responsibility the expenses and costs incurred in the matter in the amount of $2,216, which includes an assessed $100 for the cost of filing. All costs, fees, and expenses must be paid within 90 days of the entry of the order.
The Order of Temporary Suspension entered Nov. 18, 2024, was dissolved.
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