davis-2866.pdf (2019)
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02/04/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DAPHNE MICHELLE DAVIS, BPR #028128
An Attorney Licensed to Practice Law in Tennessee
(Wilson County)
_________________________
No. M2019-00184-SC-BAR-BP
BOPR No. 2018-2866-4-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Attorney Daphne Michelle Davis on May 18, 2018; upon a Motion for Default Judgment
and charges in Petition for Discipline Be Deemed Admitted filed on October 30, 2018;
upon an Order for Default Judgment on November 20, 2018; upon Conditional Guilty
Plea filed by Ms. Davis on December 6, 2018; upon an Order Recommending Approval
of Conditional Guilty Plea entered on December 6, 2018; upon consideration and
approval by the Board on December 14, 2018; 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.
On September 21, 2018, Ms. Davis was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2018-01723-SC-BAR-BP). Ms.
Davis has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, Daphne Michelle Davis is
suspended from the practice of law for three (3) years.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Ms. Davis shall make restitution to Ms. Christine Rodriguez in the amount
of $1,500.00. To the extent restitution is paid by the Tennessee Lawyerâs Fund for Client
Protection (âTLFCPâ), Ms. Davis shall reimburse TLFCP for said amount and shall
remain obligated to the individual listed above for any unpaid restitution.
(4) Ms. Davis 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.
(5) Prior to seeking reinstatement, Ms. Davis 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.
(6) Further, the Order of Temporary Suspension, entered September 21, 2018,
in Case No. M2018-01723-SC-BAR-BP, is hereby dissolved.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
immediately.
(8) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3, Ms. Davis shall pay to the Board of
Professional Responsibility the expenses and costs of this matter in the amount of $619.35
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, § 28.11.
PER CURIAM
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