26.4d1-petition-for-reinstatement-sample.pdf (2020)

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Petition for Reinstatement Following Privilege Tax Suspension - Less Than One Year Ago

The following sample petition for reinstatement is for use following a summary suspension for
nonpayment of professional privilege tax if the suspension occurred within one (1) year of the date
of filing with the Board of Professional Responsibility. For professional privilege tax suspensions
in place longer than one (1) year, you are required to file a petition for reinstatement with the
Supreme Court Clerk pursuant to Tenn. Sup. Ct. R. 9, § 26.4(d)(2) (see the sample petition on our
website). The following form is a sample; if you find that the sample petition does not completely
meet your needs, please feel free to use it as a guide.

File the original, signed copy of the petition for reinstatement (for suspensions under one year)
with the Board of Professional Responsibility by mail (or in person) at the following address:

Board of Professional Responsibility
Attn: Registration – Reinstatement
10 Cadillac Drive, Suite 220
Brentwood, TN 37027

Here is what you may expect:
• Petitions are processed in the order in which they are received by the Board.
• We will process the petition as quickly as possible.
o Please do not ask Board staff to expedite your petition.
o We will not contact the Supreme Court Clerk to inquire about when the order of
reinstatement will be entered.
o We will send an email to you as soon as is practical after the Supreme Court Clerk
notifies the Board that the Court has entered the reinstatement order (we will send
notice by email and by mail).
• Board staff will make inquiry concerning the attorney’s compliance with requirements for
payment of fees to the Board, filing the IOLTA statement, payment of professional
privilege tax and mandatory CLE requirements.
• A petition for reinstatement filed by any attorney delinquent in payment of any fees owed
to the Board, professional privilege tax owed to the Tennessee Department of Revenue, or
CLE compliance or fees owed to the Tennessee Commission on Continuing Legal
Education will be denied without prejudice. You will be notified in writing that the petition
is denied and the reason for the denial. Once you have cleared the outstanding item(s), you
may refile your petition for reinstatement.
• You are required to show compliance with Tenn. Sup. Ct. R. 9, § 28. A sample affidavit
is provided.
• Should you have questions, please don’t hesitate to call or email the registration department
(email registration@tbpr.org).
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

IN RE: ______________________________; BPR # _______
An Attorney Licensed to Practice Law in Tennessee

(Insert County or City, State above)
___________________________________
Docket No.

PETITION FOR REINSTATEMENT FROM ADMINISTRATIVE SUSPENSION
PURSUANT TO TENN. SUP. CT. R. 9, § 26.4(d)(1)

Pursuant to Tenn. Sup. Ct. R. 9, § 26.4(d)(1), _______________________________
respectfully petitions for reinstatement to the practice of law and further states:
1. Petitioner was suspended on for failure to pay the professional privilege tax
assessed pursuant to Tenn. Code Ann. § 67-4-1702 and at the time of this filing has been
suspended for one (1) year or less.
2. Attached hereto as Exhibit A is Petitioner’s affidavit showing compliance with Tenn. Sup.
Ct. R. 9, § 28.
3. As of the filing of this petition, Petitioner has completed the following (select all that
apply):
a. Paid all outstanding professional privilege tax including any interest and/or
penalties assessed by the Tennessee Department of Revenue;
b. Submitted an affidavit or declaration under penalty of perjury showing that all
professional privilege tax is now paid (Exhibit B);
c. Paid the $100.00 delinquent compliance fee owed to the Board of Professional
Responsibility.
d. Paid the required reinstatement fee of $200.00 to the Board of Professional
Responsibility;
4. Petitioner is in good standing for payment for all requirements imposed by Tenn. Sup. Ct.
R. 9, 43, and 21.
5. Other than the current suspension for failure to pay professional privilege tax, Petitioner is
not suspended from the practice of law for any other reason as of the filing of this petition.
WHEREFORE, having been suspended for one year or less due to failure to pay professional
privilege tax, Petitioner seeks reinstatement to the practice of law.
Respectfully submitted,

___________________________________
Petitioner (Signature above)
Mailing Address:
Petitioner’s Full Name
BPR #
Email Address
VERIFICATION

I, , being first duly sworn, make oath and state that
the information provided in this Petition for Reinstatement is true to the best of my information,
knowledge, and belief.

Witness my hand and seal
date

__________________________________
Petitioner’s Signature
State of
County of Printed name

On the above Petitioner, _________________________________, personally
appeared before me, a Notary Public within and for the County and State above, subscribed
the instrument in my presence and acknowledged to me that the information provided in the
foregoing instrument is true and correct.
My commission expires:

__________________________________
Notary Public
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

IN RE: _________________________________; BPR # ________

AFFIDAVIT IN COMPLIANCE WITH TENN. SUP. CT. R. 9, § 28
Comes now the undersigned attorney, being first duly sworn, and states:
Affiant’s law license was suspended by the Tennessee Supreme Court on
Because the suspension was less than thirty days ago, compliance with Tenn.
Sup. Ct. R. 9, § 28, is not required.
Because the suspension was entered more than thirty (30) days ago, I hereby
submit the following showing compliance with Tenn. Sup. Ct. R. 9, § 28,
regarding notice to clients, adverse parties, and other counsel: I have notified or
caused to be notified by registered or certified mail with return receipt requested
all clients I represented in a pending matter, all co-counsel in pending matters,
and all opposing counsel in pending matters or adverse parties. I have attached
to this affidavit proof of service on all parties requiring notice pursuant to Tenn.
Sup. Ct. R. 9, § 28.
At the time of my suspension and at all times since the suspension, I had no
clients, co-counsel, opposing counsel or adverse parties requiring notification of
the suspension pursuant to Tenn. Sup. Ct. R. 9, § 28.

Further, affiant saith not.
Witness my hand and seal
date

__________________________________
Petitioner’s Signature
State of
County of Printed name

On the above Petitioner, _________________________________, personally
appeared before me, a Notary Public within and for the County and State above, subscribed
the instrument in my presence and acknowledged to me that the information provided in the
foregoing instrument is true and correct.
My commission expires:

__________________________________
Notary Public

Exhibit A
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

IN RE: _________________________________; BPR # ________

AFFIDAVIT IN COMPLIANCE WITH TENN. SUP. CT. R. 9, § 26
Comes now the undersigned attorney, being first duly sworn, and states:
I have paid the $100.00 penalty assessed by the Board of Professional Responsibility
pursuant to Tenn. Sup. Ct. R. 9, § 26, because I was not in compliance with Tennessee
Department of Revenue for payment of Professional Privilege Tax obligations as
required by Tenn. Code Ann. § 67-4-1701, et seq.
I have paid the $200.00 reinstatement fee assessed by the Board of Professional
Responsibility pursuant to Tenn. Sup. Ct. R. 9, § 26.
I have fully satisfied all outstanding obligations to the Tennessee Department of
Revenue regarding the Professional Privilege Tax as evidenced by the Tax
Clearance Letter issued by the Department of Revenue which is attached hereto.

Further, affiant saith not.
Witness my hand and seal
date

__________________________________
Petitioner’s Signature
State of
County of Printed name

On the above Petitioner, _________________________________, personally
appeared before me, a Notary Public within and for the County and State above, subscribed
the instrument in my presence and acknowledged to me that the information provided in the
foregoing instrument is true and correct.
My commission expires:

__________________________________
Notary Public

Exhibit B

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