maxwell-2197-bopr635203865257529148.pdf (2013)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (maxwell-2197-bopr635203865257529148.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: BARRY KEITH MAXWELL, BPR #9572
CONTACT: ALAN D. JOHNSON
BOARD OF PROFESSIONAL RESPONSIBILITY
615â361â7500
November 15, 2013
MONROE COUNTY LAWYER CENSURED
On November 14, 2013, Barry Keith Maxwell, Monroe County, Tennessee, was publicly censured by
the Tennessee Supreme Court, and also ordered to pay restitution to his client.
The Board of Professional Responsibility ï¬led a Petition for Discipline against Mr. Maxwell pursuant to
Rule 9, Rules of the Supreme Court. Mr. Maxwell submitted a Conditional Guilty Plea acknowledging
Violation of Tennessee Supreme Court Rule 8, Rules of Professional Conduct 1.16 (terminating representation).
Mr. Maxwell did not promptly refund an advance payment of fees when it became clear that the work
for which he had been retained was unnecessary.
For these Violations, the Tennessee Supreme Court publicly censured Barry Keith Maxwell. A public
censure is a rebuke and warning to the attorney, but does not affect the attorneyâs ability to practice law.
Maxwell 2197-3 re] .doc
PLEASE NOTE
YOU MAY SUBSCRIBE TO RECEIVE INFORMATIONAL RELEASESa FORMAL ETHICS
OPINIONS. NEWSLETTERS AND ANNUAL REPORTS ELECTRONICALLY BY SIGNING IN AT
THE BOARDâS WEBSITE
WWW.tbpr.org/Subscriptions
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
BARRY KEITH MAXWELL, BPR #9572
An Attorney Licensed to Practice Law in Tennessee
(Monroe County)
-mmâu~âlur~\vxï¬~
m âmimm
F ii-â :1. a...â ,3:3 ,.
NO. M2013-02236-SC-BARâBP
NOV 14 2013
BOPR No. 2013-2197-â3~AJ
Clerk. at the Courts
-mm-.-.
,ml
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline ï¬led against Barry
Keith Maxwell, on March 27, 2013; upon Answer to Petition for Discipline ï¬led by Mr.
Maxwell on April 23, 2013; upon entry of a Conditional Guilty Plea ï¬led by Mr.
Maxwell on August 27, 2013; upon an Order of Recommendation of Conditional Guilty
Plea entered on September 3, 2013; upon consideration and approval by the Board on
September 13, 2013; and upon the entire record in this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panelâs Order of Recommendation of Conditional Guilty Plea as the Courtâs
Order.
It is, therefore, ordered, adjudged and decreed by the Court that:
(1)
Barry Keith Maxell is publicly censured pursuant to Tenn. Sup. Ct. R. 9, §
4.4.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Maxwell shall make restitution
to Mr. and Mrs. Alread by satisfying the judgment obtained against him in the Monroe
County General Sessions Court, Case No. Cl2-636. Satisfaction of said judgment shall
be made no later than one year from the date the Conditional Guilty Plea was signed by
Mr. Maxwell, In the event restitution is paid by the Tennessee Lawyers Fund for Client
Protection (TLFCP), Mr. Maxwell shall reimburse TLFCP the amount so paid. Full
payment of restitution by Mr. Maxwell is a condition of his Conditional Guilty Plea and
failure to comply with this provision shall constitute a separate violation of the Rules of
Professional Conduct and subject Mr. Maxwell to future disciplinary proceedings.
(3)
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Maxwell shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$431.92 and, shall pay to the Clerk of this Court the costs incurred herein within ninety
(90) days of the entry of this Order, for all of which execution may issue if necessary.
(4)
The Board shall cause notice of this discipline to be published.
FOR THE COURT:
- Co:2n:ï¬..1:ï¬ O» C {Emu}
CORNELIA A. CLARK
Lee, Sharon (3., J ., Not Participating
""âââ~âWwvâï¬qlmmmHâu
-
t
.. ...,m,,â.,,.,,_ m__,.,,...__,,..,.._u .. __ ____.._._,_.