maloney-3046.pdf (2020)
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06/22/2020
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ANDREW HARRISON MALONEY, BPR #028722
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2020-00821-SC-BAR-BP
BOPR No. 2019-3046-5-JM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline against Mr. Maloney
on October 18, 2019; upon the Answer to Petition for Discipline filed by Mr. Maloney on
November 18, 2019; upon the Conditional Guilty Plea executed by Mr. Maloney on May
29, 2020; upon the Order Recommending Approval of Conditional Guilty Plea entered by
the Hearing Panel on June 2, 2020; upon service of the Order Recommending Approval
of Conditional Guilty Plea by the Executive Secretary of the Board dated June 2, 2020;
upon consideration and approval by the Board on June 5, 2020; 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 Recommending Approval of Revised Conditional Guilty Plea
as the Courtâs Order.
On September 18, 2019, Mr. Maloney was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (M2019-01472-SC-BAR-BP). To date, Mr.
Maloney has not been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Andrew Maloney is suspended from the practice of law for eighteen (18)
months, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with ten (10) months active, and the
remainder on probation. Mr. Maloneyâs active suspension shall be retroactive to
September 18, 2019, pursuant to Tenn. Sup. Ct. R. 9, § 12.2(b). Mr. Maloneyâs probation
is subject to the following conditions:
(a) Mr. Maloney, at his cost, if any, shall engage the services of a
Practice Monitor who shall be selected and approved in accordance
with Tenn. Sup. Ct. R. 9, § 12.9(c). The Practice Monitor shall meet
with Mr. Maloney monthly and assess Mr. Maloneyâs case load, case
management, trust account, compliance with trust account rules,
accounting procedures, and office management procedures, in
accordance with Tenn. Sup. Ct. R. 9, § 12.9(b). During the
probationary period, Mr. Maloney shall reconcile his Trust Account
at least monthly and properly account for client funds. In addition,
Mr. Maloney, in conjunction with the practice monitor, shall develop
a written action plan to appropriately and promptly disburse funds to
persons and entities entitled to receive said funds held or controlled
by Mr. Maloney, and the practice monitor shall oversee Mr.
Maloneyâs progress in reimbursing third parties entitled to funds
pursuant to Paragraph (b) below. Additionally, Mr. Maloney shall
ensure that his financial software accounts for all third-party funds
received and said funds are maintained in appropriate accounts. The
Practice Monitor shall provide a monthly written report to
Disciplinary Counsel.
(b) Mr. Maloney is presently holding funds in escrow from real estate
closings believed to be payable to third parties in the amount of
$56,327.60 as itemized on the spreadsheet attached as Exhibit A.1
Mr. Maloney shall make a good faith effort to contact each
individual, corporation or government entity entitled to funds in
order to deliver the same. Mr. Maloney shall provide documentation
to his practice monitor regarding such efforts to contact the third
parties identified on Exhibit A and shall continue such efforts
through his probationary period. In the event Mr. Maloney is unable
to locate some of the third parties, or such parties do not
communicate back to Mr. Maloney regarding the funds entitled to
them, Mr. Maloney shall be permitted to escheat those funds to the
state of Tennessee at the conclusion of his probation.
(c) During the period of active suspension and probation, Mr. Maloney
shall incur no new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and which
result in the recommendation by the Board that discipline be
imposed.
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The spreadsheet reflects a balance of $66,327.60. That amount includes $10,000.00 from File 2016-1187 which
was delivered on 10/1/19 as reflected on Exhibit A. As a result, the remaining amount that Mr. Maloney must make
a good faith effort to deliver pursuant to this Order is $56,327.60.
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(2) In the event Mr. Maloney fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Prior to seeking reinstatement, Mr. Maloney must have met all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this suspension until the date of
reinstatement; and have remitted all court costs and Board costs in this matter, subject to
section (7) below.
(4) Further, the Order of Temporary Suspension entered on September 18,
2019, in M2019-01472-SC-BAR-BP is hereby dissolved.
(5) Additionally, Mr. Maloney shall comply in all aspects with Tenn. Sup. Ct.
R. 9, §§ 28 and 30.4, regarding the obligations and responsibilities of suspended
attorneys and the procedure for reinstatement.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Maloney shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $3,045.20. Mr. Maloney agrees to pay the amount of Five Hundred and No/100
Dollars ($500.00) per month, for five (5) months, on the first day of each month after the
entry of the Supreme Courtâs Order of Enforcement, and $545.20 on the first day of the
sixth month after the entry of the Supreme Courtâs Order of Enforcement. In the event
Mr. Maloney fails to make any payment as required herein, the Board may reopen its
disciplinary file and conduct further proceedings pursuant to Tenn. Sup. Ct. R. 9, § 12.8.
(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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