The ethical duty to manage client funds with absolute integrity is the cornerstone of the legal profession. When an attorney is found to have committed fraud and misappropriated those funds, the disciplinary response is often the most severe possible. For Knoxville, Tennessee attorney Melvin Jacob Werner (BPR No. 015909), a history of ethical misconduct has resulted in permanent disbarment.
Effective May 19, 2025, the Supreme Court of Tennessee ordered that Werner be permanently removed from the roll of attorneys. This ruling ensures he can never again practice law in the state of Tennessee.
The Core Misconduct: Fraud and Misappropriation
The Board of Professional Responsibility (BPR) investigation focused on several grave violations that occurred over several years. The Court’s final decision was based on two separate petitions for discipline that revealed a pattern of deceptive behavior:
1. Misappropriation of Client Funds
The primary driver for the disbarment was Werner’s violation of RPC 1.15, which governs the safekeeping of client property.
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Unauthorized Use: Werner was found to have misappropriated funds belonging to a client, which eventually led to an emergency temporary suspension in late 2021 as he was deemed a “threat of substantial harm” to the public.
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Financial Impact: The scale of the loss was significant; the Tennessee Lawyers’ Fund for Client Protection paid out a massive claim of $100,000 to one of Werner’s victims in May 2025.
2. Fraud and Deceptive Practices
The Hearing Panel found that Werner violated RPC 8.4(c), which prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation.
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False Representations: Werner made knowingly false representations of fact to a client.
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Inducement: He was found to have misled a client specifically to induce her into entering a legal or financial agreement under false pretenses.
A Decisive Disciplinary Timeline
Melvin Jacob Werner had been licensed in Tennessee since 1993, but his career ended with a series of escalating disciplinary actions:
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January 2007: Werner received a Public Censure for earlier, less severe ethical infractions.
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August 2020: The initial Petition for Discipline was filed against him by the Board.
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December 2021: The Supreme Court issued an Order of Temporary Suspension after finding that he posed an immediate risk to the public due to fund misappropriation.
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May 19, 2025: The Supreme Court finalized the Permanent Disbarment. Unlike standard disbarment, which sometimes allows for reinstatement after five years, “Permanent Disbarment” in Tennessee is a life-long termination of legal status.
Financial Restitution and Administrative Costs
In its Order of Enforcement, the Supreme Court imposed several mandatory conditions on Werner:
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Termination of Status: His status as a lawyer is permanently terminated.
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Payment of Costs: Werner was ordered to pay $3,404.50 to the Board of Professional Responsibility for the expenses incurred in prosecuting his case.
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Compliance: He was required to comply with Rule 9, Section 28, which involves notifying all current clients of his disbarment and returning their property and papers.
Conclusion: Protecting the Public from Financial Harm
The permanent disbarment of Melvin Jacob Werner represents a final, necessary boundary set by the Tennessee judiciary. For residents of Knox County and beyond, the case highlights the critical role of the Tennessee Lawyers’ Fund for Client Protection in reimbursing victims of attorney theft. For the broader legal community, it reinforces that no amount of experience excuses a breach of the fundamental trust between a lawyer and their client.
