cooper-2742-1-2757-1-sc-order.pdf (2018)
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02/23/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DON W. COOPER, BPR #1286
An Attorney Licensed to Practice Law in Tennessee
(Sullivan County)
_________________________
No. M2018-00303-SC-BAR-BP
BOPR No. 2017-2742-1-WM
BOPR No. 2017-2757-1-WM-22.3
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Don W.
Cooper on July 12, 2017; upon the August 18, 2017, Order of Enforcement suspending
the license of Mr. Cooper and referring the matter to the Board of Professional
Responsibility for the institution of formal proceedings to determine the extent of final
discipline to be imposed; upon a Petition for Final Discipline filed on August 21, 2017;
upon a Motion to Consolidate filed on August 29, 2017; upon an Order to Consolidate
entered on September 6, 2017; upon a Motion for Default Judgment and that Charges in
the Petition for Discipline and Petition for Final Discipline Be Deemed Admitted filed
September 25, 2017; upon an Order for Default Judgment entered October 3, 2017; upon
a hearing on November 9, 2017; upon the Findings of Fact, Conclusions of Law and
Judgment entered November 14, 2017; upon service of the Findings of Fact, Conclusions
of Law and Judgment on Mr. Cooper by the Executive Secretary of the Board on
November 14, 2017; upon the Boardâs Application for Assessment of Costs filed
November 14, 2017; upon the Findings and Judgment on Assessment of Costs entered
December 5, 2017; upon service of the Findings and Judgment on Assessment of Costs
upon Mr. Cooper on December 5, 2016; upon consideration and approval by the Board
on December 8, 2017; upon expiration of the appeal period with no appeal taken; 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 Judgment recommending a disbarment as the Courtâs Order.
On February 23, 2017, Mr. Cooper was disbarred by this Court pursuant to Tenn.
Sup. Ct. R. 9, § 12.1 (Case No. M2017-00328-SC-BAR-BP). To date, Mr. Cooper has
not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Don W. Cooper is disbarred from the practice of law, pursuant to Tenn.
Sup. Ct. R. 9, § 12.1, retroactive to August 18, 2017;
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Cooper shall make restitution to the Estate of Helen Shipley in the
amount of $57,000.00. In the event restitution is made by the Tennessee Lawyerâs Fund
for Client Protection (TLFCP), Mr. Cooper shall reimburse TLFCP in the same amount.
(3) Prior to seeking reinstatement, Mr. Cooper must satisfy all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Mr. Cooper shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4, regarding the obligations and responsibilities of disbarred attorneys and the
procedure for reinstatement.
(5) Further, the disbarment of February 23, 2017, in Case No. M2017-00328-
SC-BAR-BP, shall remain in effect pending further orders of this Court.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Cooper shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $746.53 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, if necessary, may issue.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(8) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM
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