valesquez-2820-1-sc-order.pdf (2018)
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10/17/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ELIZABETH CATHERINE VELASQUEZ, BPR #028884
An Attorney Licensed to Practice Law in Tennessee
(Sevier County)
_________________________
No. M2018-01839-SC-BAR-BP
BOPR No. 2018-2820-1-KH
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed by the Board of
Professional Responsibility (âBoardâ) against Elizabeth Catherine Velasquez on January
29, 2018; upon a Motion for Default and that Charges in the Petition be Admitted filed by
the Board on April 20, 2018; upon entry of an Order of Default on June 14, 2018; upon a
final hearing held before the hearing panel on June 28, 2018; upon entry of Findings of
Fact, Conclusions of Law, and Judgment on July 13, 2018; upon service of the Findings
of Fact, Conclusions of Law, and Judgment by the Executive Secretary for the Board on
July 13, 2018; upon Application for Assessment of Costs filed by the Board on July 6,
2018; upon entry of Findings and Assessment of Costs on July 23, 2018; upon service of
the Findings and Assessment of Costs by the Executive Secretary for the Board on July
23, 2018; upon consideration and approval by the Board on September 14, 2018; upon
the expiration of the time for appeal with no appeal taken; and upon the entire record in
this cause.
From all of which the Court approves and adopts the hearing panelâs Findings of
Facts, Conclusions of Law, and Judgment as the Courtâs Order.
On November 3, 2017, Ms. Velasquez was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2017-02156-SC-BPR-BP). To date,
Ms. Velasquez has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Elizabeth Catherine Velasquez is suspended from the practice of law for
five (5) years with three (3) years to be served as an active suspension, pursuant to Tenn.
Sup. Ct. R. 9, § 12.2, and the remainder to be served on probation subject to the
following conditions:
a) Prior to any application for reinstatement, Ms. Velasquez shall make
restitution to Monica Peace in the amount of $500.00. To the extent
restitution is paid by the Tennessee Lawyerâs Fund for Client Protection
(âTLFCPâ), Ms. Velasquez shall reimburse TLFCP for said amount and
shall remain obligated to the individual listed above for any unpaid
restitution.
b) Prior to any application for reinstatement, Ms. Velasquez should be
required to contact the Tennessee Lawyers Assistance Program (âTLAPâ)
for evaluation. If TLAP determines that a monitoring agreement is
appropriate, Ms. Velasquez shall comply with the terms and conditions of
the TLAP monitoring agreement.
c) Ms. Velasquez, at her cost, if any, shall engage the services of 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 Ms. Velasquez
monthly and assess her case load, case management, timeliness of
performing tasks, adequacy of communication with clients and accounting
procedures. The Practice Monitor shall provide a monthly written report of
her progress to Disciplinary Counsel.
d) During the period of active suspension and probation, Ms. Velasquez shall
incur no new complaints of misconduct that relate to conduct occurring
during the period of suspension and probation and that results in the
recommendation by the Board that discipline be imposed.
(2) In the event Ms. Velasquez fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Ms. Velasquez shall apply for reinstatement pursuant to Tenn. Sup. Ct. R.
9, § 30.4. Probation shall not commence until the Supreme Court enters an order of
reinstatement pursuant to that section.
(4) Reinstatement to the active practice of law shall be conditioned upon Ms.
Velasquez meeting all CLE requirements, payment of all registration fees due and owing,
payment of all professional privilege taxes due and owing, payment of all Board costs
assessed in this matter and payment of all court costs taxed in this matter.
(5) The Order of Temporary Suspension entered on November 3, 2017, in Case
No. M2017-02156-SC-BPR-BP, is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d) , Ms. Velasquez shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
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of $796.66, 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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