long-2681-6-sc-order.pdf (2017)
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11/15/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: FLETCHER WHALEY LONG, BPR #018775
An Attorney Licensed to Practice Law in Tennessee
(Sumner County)
_________________________
No. M2017-02196-SC-BAR-BP
BOPR No. 2017-2681-6-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed on February 9,
2017; upon the Boardâs Motion for Default Judgment and that Charges in Petition for
Discipline be Deemed Admitted filed May 3, 2017; upon an Order for Default Judgment
entered May 25, 2017; upon the Findings of Fact and Conclusions of Law of the Hearing
Panel entered August 10, 2017; upon service of the Findings of Fact and Conclusions of
Law of the Hearing Panel upon Mr. Long by the Executive Secretary of the Board on
August 10, 2017; upon the Boardâs Application for Assessment of Costs filed August 15,
2017; upon the Hearing Panelâs Findings and Judgment on Assessment of Costs entered
August 30, 2017; upon service of the Hearing Panelâs Findings and Judgment for
Assessment of Costs upon Mr. Long by the Executive Secretary of the Board on August
30, 2017; upon consideration and approval by the Board on October 18, 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 accepts the recommendation of the Hearing Panel and
adopts the Hearing Panelâs Findings of Fact and Conclusions of Law and the Hearing
Panelâs Findings and Judgment for Assessment of Costs as the Courtâs Order.
On September 14, 2015, an Order of Enforcement disbarring Mr. Long was
entered by Order of this Court (Case No. M2015-01710-SC-BAR-BP) pursuant to Tenn.
Sup. Ct. R. 9 (2014), and said disbarment remains in effect.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Fletcher Whaley Long is disbarred from the practice of law, pursuant to
Tenn. Sup. Ct. R. 9 (2014).
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7 (2014), and as a condition precedent
to any reinstatement, Mr. Long shall make restitution to the following individuals and
shall furnish to the Board of Professional Responsibility proof of restitution. In the event
restitution is made by the Tennessee Lawyerâs Fund for Client Protection (TLFCP), Mr.
Long shall reimburse TLFCP in the same amount:
(a) Steve Martinez - $14,000.00
(b) Timothy Fleming - $10,000.00
(c) Charles Brust - $11,000.00
(d) Kierra Leavell and James Johnson - $6,000.00
(3) Prior to seeking reinstatement, Mr. Long must have satisfied 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.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d) (2014), Mr. Long shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,358.80 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.
(5) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
PER CURIAM
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