cooper-2584-1-sc-order.pdf (2017)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (cooper-2584-1-sc-order.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
02/23/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DON W. COOPER, BPR #001286
An Attorney Licensed to Practice Law in Tennessee
(Sullivan County)
_________________________
No. M2017-00328-SC-BAR-BP
BOPR No. 2016-2584-1-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Don W.
Cooper on May 20, 2016; upon a Motion for Default Judgment and that Charges in the
Petition for Discipline be Deemed Admitted filed August 19, 2016; upon a Supplemental
Petition for Discipline filed August 24, 2016; upon an Order Granting Motion for Default
entered September 27, 2016; upon the Hearing Panelâs Findings of Fact and Conclusions
of Law entered November 23, 2016; upon service of the Findings of Fact and
Conclusions of Law on Mr. Cooper by the Executive Secretary of the Board on
November 23, 2016; upon the Boardâs Application for Assessment of Costs filed
November 30, 2016; upon the Hearing Panelâs Findings and Judgment on Assessment of
Costs entered December 7, 2016; upon service of the Hearing Panelâs Findings and
Judgment on Assessment of Costs upon Mr. Cooper on December 7, 2016; upon
consideration and approval by the Board on December 28, 2016; 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 decision of the Hearing Panel and adopts
the Hearing Panelâs Findings of Fact and Conclusions of Law as the Courtâs Order.
On December 4, 2015, Mr. Cooper was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3. To date, Mr. Cooper has not requested, nor been
granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Don W. Cooper is disbarred from the practice of law, pursuant to Tenn.
Sup. Ct. R. 9, § 12.1;
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Cooper 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.
Cooper shall reimburse TLFCP:
(a) Estate of Alva L. Frye and/or Susan C. Frye Trust - $375,000.00
(b) Tilley Trusts - $525,056.58
(c) Estate of Phyllis Pendergrass - $52,702.79
(3) Prior to seeking reinstatement, Mr. Cooper must satisfy all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Mr. Cooper shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4 regarding the obligations and responsibilities of disbarred attorneys and the
procedure for reinstatement.
(5) The Order of Temporary Suspension entered on December 4, 2015,
(Docket No. 2015-2520-1-AW(12.3)) is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Cooper shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,486.52 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, if necessary, may
issue.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(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
2