The Nashville Banner reports that Nashville lawyer David Ewing should be disbarred for fraudulently charging fees and misappropriating client funds, according to a disciplinary panel of the Tennessee Board of Professional Responsibility (BPR). The recommendation from the Board is part of a 64 page report.
The BPR panel called Ewing “dishonest and self-serving” and cited his “lack of remorse for his misconduct” in recommending that he be disbarred and that more than $300,000 be returned to his client.
The case stems from a 2017 trust created for Margaret Fort, a longtime friend of Ewing’s who had reached out to him for help in the middle of a mental health crisis. Ewing, who had little experience in setting up or administering trusts, volunteered to prepare documents and serve as her trustee “for free,” according to Fort.
The $1.2 million trust had been created for less than a week when Ewing wired $270,000 into a personal account in his name at Renasant Bank and purchased a certificate of deposit, which he used as collateral for a personal loan. Within two weeks, Ewing used the loan funds to pay off the line of credit on his house on Blair Boulevard, and then he quitclaimed the property to his wife, Alice Randall, free and clear of any debt. The couple divorced in 2019. Fort said that a majority of the trust was tied up in a home in Alabama and real estate in Nashville, properties that Ewing repeatedly failed to pay bills for out of the trust.
According to the report, throughout 2017 Ewing removed cash from the account, which Fort said she never received, and charged tens of thousands of dollars in “trustee fees.” In total, Ewing withdrew nearly $150,000 from Fort’s account after purchasing the CD, mostly in small cash distributions without receipts or documentation.
Ewing reportedly told the Banner he intends to appeal the ruling and provided the publication with a written statement via text:
“I am surprised, disheartened, and profoundly disappointed by this decision and strongly disagree with it,” Ewing wrote. “By its own admission, the lawyer board has not previously disciplined anyone who is retired and no longer practicing law. I have not practiced law in 7 years. This matter originates from a 2019 lawsuit that was resolved without any admission of fault by either party. I will appeal this unprecedented ruling and the outcome and my status will not be final until all appeals are completed.”
Complete details of the case, and the BPR report are contained in the Nashville Banner story.
