barocas-3240--order-of-enforcement-4.pdf (2024)
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01/18/2024
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MATTHEW DAVID BAROCAS, BPR #031962
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
_________________________
No. M2024-00066-SC-BAR-BP
BOPR No. 2022-3240-2-AC
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Matthew
David Barocas (Respondent) on April 8, 2022; upon a Response to the Petition filed by
Respondent on July 11, 2022; upon Motion for Partial Summary Judgment filed by the
Board of Professional Responsibility (Board and/or Petitioner) on July 25, 2023; upon
Respondentâs Response to the Boardâs Motion for Partial Summary Judgment filed on
August 25, 2023; upon the Boardâs Reply in Support of its Motion for Partial Summary
Judgment filed on September 21, 2023; upon the Order of the Hearing Panel granting, in
part, summary judgment to the Board entered on September 29, 2023; upon an Amended
Petition for Discipline filed by the Board on October 11, 2023; upon a Motion to Strike
Amended Petition for Discipline filed by Respondent on October 27, 2023; upon a
Response in Opposition to Respondentâs Motion to Strike Amended Petition for Discipline
filed by the Board on October 27, 2023; upon a Reply to Petitionerâs Opposition to Motion
to Strike Amended Petition for Discipline filed by Respondent on November 1, 2023; upon
the Order of the Hearing Panel denying Respondentâs Motion to Strike Amended Petition
for Discipline entered on November 2, 2023; upon the filing of the Conditional Guilty Plea
on December 7, 2023; upon the Hearing Panelâs Order Recommending Approval of
Conditional Guilty Plea entered on December 11, 2023; upon service of the Order
Recommending Approval of Conditional Plea on Respondent, via his counsel, by the
Executive Secretary of the Board of Professional Responsibility on December 11, 2023;
upon consideration and approval of said Hearing Panelâs Order by the Board on
December 18, 2023; and upon the entire record in this cause.
From all of which, the Court approves the December 11, 2023, Order of the Hearing
Panel and approves the Conditional Guilty Plea executed on December 7, 2023.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
(1) Mr. Barocas is suspended from the practice of law for one (1) year with three
(3) months to be served as an active suspension, and the remainder shall be served on
probation pursuant to Tenn. Sup. Ct. R. 9, § 14.1. The grant of probation is subject to the
following conditions:
(a) During the period of suspension and probation, Mr. Barocas shall incur no
new complaints of misconduct that relate to conduct occurring during the
period of suspension and probation and which results in the recommendation
by the Board that discipline be imposed.
(b) Mr. Barocas 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 Respondent shall, in utilizing a Practice Monitor, comply with
all requirements as contained in Tenn. Sup. Ct. R. 9, § 12.9(c). The Practice
Monitor shall meet with Respondent monthly and assess Respondentâs case
load, case management, timeliness of performing tasks, adequacy of
communication with clients, and accounting procedures. The Practice
Monitor also shall be authorized to review Respondentâs operating and trust
accounts and review the status of any client or third-party monies held by,
and/or delivered to, Respondent during his suspension and probationary
period. The Practice Monitor shall provide a monthly written report of
Respondentâs progress to Disciplinary Counsel.
(c) Prior to returning to practice on a probationary basis and in addition to his
regular and required Continuing Legal Education (âCLEâ) obligations, Mr.
Barocas shall attend the Boardâs 2024 Trust Account Workshop (currently
scheduled for March 13, 2024) and shall further complete an additional three
(3) hours of CLE relating to the topics of garnishments, levies, and/or
attachments.
(d) Prior to returning to practice on a probationary basis, Mr. Barocas shall
comply with paragraph 5 below.
(2) In the event Mr. Barocas fails to meet or maintain any condition of probation,
the probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, §14.2 (2014).
(3) Prior to seeking reinstatement, Mr. Barocas 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. In addition,
Mr. Barocas shall be in substantial compliance with the terms and conditions of this Order.
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(4) Mr. Barocas 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.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Barocas shall pay to the Board
of Professional Responsibility the expenses and costs incurred to date by the Board in this
matter in the amount of $9,415.00, inclusive of $100.00 for the cost of filing this matter,
and pay this filing fee to the Board and shall pay to the Clerk of this Court the court costs
incurred herein. All costs, fees and expenses awarded or assessed herein shall be paid
within ninety (90) days of the entry of this Order for which execution, if necessary, may
issue.
(6) The Board of Professional Responsibility shall cause notice of this discipline
to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
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