fagan-3075-order-of-enforcement-4-16-21.pdf (2021)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
04/16/2021
IN RE: GLEN ROY FAGAN, BPR #034666
AN ATTORNEY FORMERLY LICENSED TO PRACTICE LAW IN TENNESSEE AS IN-HOUSE
COUNSEL
(Hamilton County)
_________________________________
NO. M2021-00357-SC-BAR-BP
BOPR NO. 2020-3075-3-BL
_________________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Attorney
Glen Roy Fagan on February 24, 2020; upon a Motion for Default Judgment and That
Charges in Petition for Discipline Be Deemed Admitted filed June 25, 2020; upon an Order
for Default Judgment entered July 10, 2020; upon final hearing held August 5, 2020; upon
Judgment of the Hearing Panel entered September 2, 2020; upon service of the Judgment
of the Hearing Panel on Mr. Fagan by the Executive Secretary of the Board on September
2, 2020; upon the Boardâs Application for Assessment of Costs filed September 15, 2020;
upon Findings and Judgment of Assessment of Costs entered October 5, 2020; upon service
of the Findings and Judgment of Assessment of Costs upon Mr. Fagan on October 5, 2020;
upon consideration and approval by the Board on December 11, 2020; 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 Order as the Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, Glen Roy Fagan is suspended from
the practice of law for a period of six (6) years with five (5) years served as an active
suspension, and the remainder served on probation, subject to the following conditions of
probation:
(a)
During his probation, Mr. Fagan, at his cost, shall engage 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. Fagan monthly and supervise
Mr. Fagan, confirm that he is meeting once a month with a counselor or therapist,
and confirm that he is attending AA meetings twice per month. The practice
monitor shall provide a monthly written report of Mr. Faganâs progress to
Disciplinary Counsel.
(c)
Mr. Fagan shall attend six (6) additional hours of continuing legal
education relating to the ethical practice of law in addition to all other required
continuing legal education hours. These hours must be completed by the end of the
six (6) year period.
(d)
During the period of active suspension and probation, Mr. Fagan 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.
(3)
Mr. Fagan shall comply in all respects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4 regarding the obligations and responsibilities of suspended attorneys and the
procedure for reinstatement.
(4)
Prior to seeking reinstatement, Mr. Fagan must meet all CLE requirements
except the requirement to participate in six (6) additional ethics hours by the end of the six
(6) year period; 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.
(5)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
immediately.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3, Mr. Fagan shall pay to the Board of
Professional Responsibility the expenses and costs of this matter in the amount of $525.01
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.
(7)
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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