orfield-2645-1-sc-order.pdf (2017)
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10/06/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: HOWARD ROBERT CLYDE ORFIELD: BPR # 010567
An Attorney Licensed to Practice Law in Tennessee
(Sullivan County)
_________________________
No. M2017-01992-SC-BAR-BP
BOPR No. 2016-2645-1-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Attorney Howard Robert Clyde Orfield on October 11, 2016; upon a Motion for Default
Judgment and that the Charges in the Petition for Discipline be Deemed Admitted filed
by the Board on February 27, 2017; upon Default Judgment entered by the Hearing Panel
on April 6, 2017; upon service of the Order granting the Motion for Default on Mr.
Orfield by the Executive Secretary of the Board on April 6, 2017; upon Conditional
Guilty Plea filed by Mr. Orfield on July 20, 2017; upon an Order Recommending
Approval of Conditional Guilty Plea entered on July 21, 2017; upon consideration and
approval by the Board on June 9, 2017; 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.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, Mr. Orfield is suspended from the
practice of law for three (3) years with ninety (90) days to be served as an active
suspension. Pursuant to Tenn. Sup. Ct. R. 9, § 14.1, the remaining time to be served on
probation, subject to the following conditions:
(a) Mr. Orfield shall engage a practice monitor for the entire
period of probation. Mr. Orfield shall provide a list of
potential practice monitors for selection by the Board within
fifteen (15) days of the entry of the Order of Enforcement.
(b) The practice monitor shall submit monthly reports to the
Board addressing their review of basic office management
procedures such as the scheduling and maintenance of case
deadlines and the use of written communication and fee
agreements.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Orfield shall make restitution to Kimberly Strouth in the amount of
$1,360.00. In the event restitution is made by the Tennessee Lawyerâs Fund for Client
Protection (TLFCP), Mr. Orfield shall reimburse TLFCP in the same amount.
(3) In the event Mr. Orfield fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(4) Additionally, Mr. Orfield 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. Prior to seeking reinstatement, Mr. Orfield must
meet all CLE requirements and pay any outstanding registration fees including those due
from the date of suspension/disbarment until the date of reinstatement.
(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(d), Mr. Orfield shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $275.73 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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