Tuesday, January 25, 2011

Imperfect Appeal

From the web page of the Tennessee Supreme Court:

The Board of Professional Responsibility filed a petition for discipline against [an attorney]. The hearing panel found that [he] should be disbarred, disgorge unearned fees, and pay restitution to clients. In addition, the hearing panel set forth requirements for [him] to be eligible for reinstatement of his license. [The attorney] applied to the chancery court in Davidson County for judicial review of the hearing panel decision. The chancery court entered an order on January 6, 2010, affirming [his] disbarment but reversing the hearing panel’s order of restitution of amounts to clients where no disciplinary complaint had been made. [The attorney] has appealed to this Court from the order of the chancery court, contending that he should have been suspended rather than disbarred. It is ordered that the chancery court’s January 6, 2010 order is vacated and that [the attorney's] appeal to this Court is dismissed. Because the sanction imposed by the hearing panel exceeds a three-month suspension and because no appeal was properly perfected, the Board is directed to file a copy of the hearing panel’s order for review by this Court in accordance with Tennessee Supreme Court Rule 9, section 8.4.

The opinion is linked here. (Mike Frisch)


Bar Discipline & Process | Permalink

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