powell-2135-7-sc-order.pdf (2013)
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[umawâA-muwâIWI
rIHLED
MAY 0 9 2013
IN THE SUPREME COURT OF TENNESSE
AT NASHVILLE Clï¬iï¬iï¬ie Courts â
IN RE JAMES S. POWELL, BPR #015619
An Attorney Licensed to Practice Law in Tennessee
(Hardin County)
N0. M2013â01015-SC-BPR-BP
BOPR No. 2012-2135â7âKB
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline ï¬led by the Board of
Professional Responsibility against James 8. Powell on July 6, 2012; upon a response to
the Petition for Discipline submitted by Mr. Poweil on July 20, 2012; upon a Motion to
Require Respondent to Submit a Responsive Pleading to the Petition for Discipline and to
Enlarge Discovery Deadline ï¬led by the Board on October 30, 2012; upon an Order
Extending Discovery Deadline and for Respondent to Show Cause ï¬led by the Hearing
Panel on November 2, 2012; upon a Motion for Default Judgment and that Allegations
Contained in the Petition for Discipline Be Deemed Admitted ï¬led by the Bead on
November 21, 2012; upon the Order Granting Motion for Default Judgment ï¬led by the
Hearing Panel on January 10, 2013; upon a Notice of Hearing mailed to the parties by the
Board on January 10, 2013; upon a hearing held on January 28, 2013; upon the Judgment
of the Hearing Panel ï¬led on February 5, 2013; upon service of the Hearing Panelâs
Judgment on Mr. Powell by the Executive Secretary of the Board on February 5, 2013;
upon the Boardâs approval of the Hearing Panelâs recommendation on March 8, 2013;
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 Judgment of the Hearing Panel and
adopts the Judgment 0fthe Hearing Panel as the Courtâs Order.
By Order entered September 21, 2011, in Case No. M2011â02004-SC«BPO~BP,
Mr. Powell was suspended from the practice of law pursuant to Tenn. Sup. Ct. R. 9, § 14.
A Petition for Final Discipline is pending and Mr. Powell has not been reinstated from
that suspension.
IT IS, THEREFORE, ORDERED; ADJUDGED AND DECREED by the Court
that:
1. James S. Powell shall be and is hereby suspended for a period of two (2)
years pursuant to Tenn. Sup. Ct. R. 9, § 4.2.
2. Mr. Powellâs suspension shall become effective within ten (10) days of the
ï¬ling of this Order.
3. As a condition precedent to reinstatement, Mr. Powell shall provide
restitution to Eddie Atkins in the amount of $750.00. In the event that Mr. Atkins applies
for and receives restitution from the Tennessee Lawyerâs Fund for Client Protection
(âTLFCPâ), Mr. Powell will be responsible for reimbursement to the TLFCP in the same
amount.
4. Mr. Powell shall comply in all aSpects with Tenn. Sup. Ct. R. 9, §§ 18 and
19 regarding the obligations and responsibilities of suspended attorneys and the
procedure for reinstatement.
5. Pursuant to Tenn. Supï¬Ct. R. 9, § 24.3, Mr. Powell shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1 023.32, and in addition, 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.
6. The Board shall cause notice of this suspension to be published as required
by'Tenn.Sup.Ck.R.9,§ 1810.
FOR THE COURT:
CORNELIA A. CLARK, JUSTICE