bailey-2941.pdf (2020)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
01/08/2020
IN RE: WHITNEY SUZANNE BAILEY, BPR #026785
An Attorney Licensed to Practice Law in Tennessee
(Hawkins County)
_________________________
No. M2019-02300-SC-BAR-BP
BOPR No. 2018-2941-1-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Whitney Suzanne Bailey on November 27, 2018; upon Answer to Petition for Discipline
filed by Ms. Bailey on February 14, 2019; upon entry of a Conditional Guilty Plea filed
by Ms. Bailey on October 28, 2019; upon an Order Recommending Approval of
Conditional Guilty Plea entered on November 7, 2019; upon service of the Order
Recommending Approval of Conditional Guilty Plea by the Executive Secretary of the
Board dated November 7, 2019; upon consideration and approval by the Board on
December 13, 2019; 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 Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
(1)
Whitney Suzanne Bailey is suspended from the practice of law for two (2)
years, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with forty-five (45) days active suspension
and the remainder on probation, subject to the following conditions of probation:
(a)
Within the first thirty (30) days of this suspension, Whitney Suzanne
Bailey shall obtain an evaluation with the Tennessee Lawyers
Assistance Program (TLAP) and follow any and all
recommendations of TLAP. Further, Ms. Bailey shall give TLAP
permission to communicate with the Board regarding any
monitoring agreement.
(b)
Ms. Bailey, at her cost, shall engage 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. Bailey monthly
and assess her case load, timeliness of tasks, adequacy of
communication with her clients, and her accounting procedures. The
practice monitor shall provide a monthly written report of Ms.
Baileyâs progress to Disciplinary Counsel.
(c)
During the period of active suspension and probation, Ms. Bailey
shall incur no new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and which
results in the recommendation by the Board that discipline be
imposed.
(d)
Ms. Bailey shall attend the Board of Responsibilityâs three (3) hour
trust accounting workshop.
(2)
In the event Ms. Bailey fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3)
Prior to seeking reinstatement, Ms. Bailey must have met 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.
(4)
Additionally, Ms. Bailey 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)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Ms. Bailey shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $800.00 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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