maxwell-2477-3-sc-order-suspension.pdf (2018)
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01/22/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: BARRY KEITH MAXWELL, BPR #009572
An Attorney Licensed to Practice Law in Tennessee
(Monroe County)
_________________________
No. M2017-02417-SC-BAR-BP
BOPR No. 2015-2477-3-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Attorney Barry Keith Maxwell on August 17, 2015; upon Answer to Petition for
Discipline filed by Mr. Maxwell on September 14, 2015; upon the parties filing a Joint
Motion to Continue Trial on April 27, 2016; upon Order Continuing Trial entered on
May 2, 2016; upon the Trial on December 1, 2016; upon the entry of the Hearing Panelâs
Order on December 12, 2016; upon the Executive Secretary of the Board forwarding a
copy of the Order of the Hearing Panel to Mr. Maxwell on December 13, 2016; upon the
Board filing an Application for Assessment of Costs on December 19, 2016; upon the
entry of the Hearing Panelâs Judgment on Board of Professional Responsibilityâs
Application for Assessment of Costs on January 12, 2017; upon the Executive Secretary
of the Board forwarding a copy of the Judgment on Board of Professional
Responsibilityâs Application for Assessment of Costs to Mr. Maxwell on January 12,
2017; upon the Board filing a Petition for Review in the Chancery Court for Monroe
County, Tennessee, on March 13, 2017; upon a Hearing before the Chancellor on August
16, 2017; upon entry of the Chancellorâs Order on September 5, 2017; upon the Boardâs
filing an Application for Assessment of Costs on September 18, 2017; upon the Judgment
on Board of Professional Responsibilityâs Application for Assessment of Costs entered
September 22, 2017; upon consideration and approval by the Board on October 10, 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 approves the Order of the Hearing Panel as modified
by the Chancery Court and adopts the Order of the Chancery Court 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, Barry Keith Maxwell is suspended
from the practice of law for seventy-five (75) days. Upon completion of his suspension,
Mr. Maxwell will be placed on probation for one (1) year, subject to the condition that he
submit to an evaluation by Tennessee Lawyers Assistance Program (TLAP), and comply
with any monitoring requirements TLAP deems necessary.
(2) In the event Mr. Maxwell fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Mr. Maxwell 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.
(4) Mr. Maxwell must meet 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.
(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. Maxwell shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,495.20, 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
SHARON G. LEE, J., not participating
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