bruner-2307.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: SPENCE ROBERTS BRUNER,BPR #19056
An Attorney Licensed to Practice Law in Tennessee
(Roane County)
FILED
No. M2015-02409-SC-BAR-BP
BOPR No. 2015-2307-2-AJ DEC 21 2015 1
Clerk of the Ccurt
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Spence
Roberts Bruner, on March 28, 2014; upon Motion for Default Judgment and that the
Allegations Contained in the Petition for Discipline be Deemed Admitted filed on July
30, 2014; upon Order for Default entered on September 11, 2014; upon a Supplemental
Petition for Discipline filed on October 6, 2014; upon Motion for Default Judgment and
that the Allegations Contained in the Petition for Discipline be Deemed Admitted filed on
December 18, 2014; upon Order for Default entered on December 29, 2014; upon a
Second Supplemental Petition for Discipline filed on January 30, 2015; upon Motion for
Default Judgment and that the Allegations Contained in the Second Supplemental
Petition for Discipline be Deemed Admitted filed on April 8, 2015; upon Order for
Default entered on April 22, 2015; upon the Board of Professional Responsibility's
Application for Assessment of Costs filed on July 16, 2015; upon Judgment of the
Hearing Panel entered on August 17, 2015; upon service of the Judgment of the Hearing
Panel on Mr. Bruner by the Executive Secretary of the Board on August 17, 2015; upon
Judgment on the Board of Professional Responsibility's Application for Assessment of
Costs entered on October 5, 2015; upon service of the Judgment on the Board of
Professional Responsibility's Application for Assessment of Costs on Mr. Bruner by the
Executive Secretary of the Board on October 6, 2015; upon consideration and approval
by the Board on October 17, 2015; 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 Panel's Judgment as the Court's Order.
On February 19, 2014, Mr. Bruner was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (M2014-00287-SC-BAR-BP). On January 31,
2014, in Case No. M2014-00189-SC-BAR-BP, this Court suspended Mr. Bruner from the
practice of law for ninety (90) days for disciplinary misconduct. To date, Mr. Bruner has
not requested, nor been reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.1 (2006) and Tenn. Sup. Ct. R. 9, §
12.1 (2014), Spence Roberts Bruner is disbarred from the practice oflaw.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 4.7 (2006) and Tenn. Sup. Ct. R. 9, §
12.7 (2014), and as a condition precedent to any reinstatement, Mr. Bruner 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
Lawyer's Fund for Client Protection (TLFCP), Mr. Bruner shall reimburse TLFCP in the
same amount:
(a) Trampas William Heaton â $750.00
(b) Tammy Respess â $300.00
(c) Regions Trust, Financial Guardian of James Lombardo â $1,200.00
(d) Kimberly West â $2,000.00
(3) As a condition of reinstatement, Mr. Bruner must present proof that he has
made restitution as set forth above, and proof that he has undergone treatment for those
issues that placed him the Tennessee Lawyer Assistance Program. Upon reinstatement,
Mr. Bruner shall be supervised, at his own expense, by a practice monitor for a period of
at least twelve(12) months.
(4) Mr. Bruner shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 18
(2006) and Tenn. Sup. Ct. R. 9, § 30.4 (2014) regarding the obligations and
responsibilities of disbarred attorneys and the procedure for reinstatement.
(5) Prior to seeking reinstatement, Mr. Bruner must meet all CLE requirements
and pay any outstanding registration fees including those due from the date of disbarment
to reinstatement.
(6) Further, the Order of Temporary Suspension entered on February 19, 2015
in M2014-00287-SC-BAR-BP is hereby dissolved.
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(7) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5 (2006), this Order shall be effective
ten (10) days after the date of entry.
(8) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006), Mr. Bruner shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,224.27 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.
(9) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10 (2006).
PER CURIAM
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