Articles Posted in Tennessee Public Protection Act (TPPA)

A claim that asserted defendant attorneys acted in their own self-interest when they represented another party in multiple lawsuits against plaintiffs fell within the ambit of the Tennessee Public Protection Act.

In Garner v. Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, No. W2022-01636-COA-R3-CV (Tenn. Ct. App. Apr. 15, 2024), plaintiffs had been involved in over ten years of trust litigation. Defendant attorneys represented plaintiffs’ brother in the filing of these trust lawsuits against plaintiffs, and plaintiffs were successful in defending all the claims.

After plaintiffs and the brother apparently reconciled, plaintiffs filed this suit against the attorneys who filed the trust lawsuits on the brother’s behalf. Plaintiffs alleged that the attorneys acted in their own self-interest hoping to eventually recover a contingency fee, that they mislead the brother, that they threatened the brother to continue the litigation, and that plaintiffs were accordingly damaged. (Note that the brother filed a very similar lawsuit at the same time, wherein the Tennessee Court of Appeals ruled that a legal malpractice claim can fall within the TPPA).

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