fitzgerald-3301-order-of-enforcement-amended-conditional-guilty-plea-1.pdf (2024)
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08/14/2024
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: LARRY E. FITZGERALD, BPR NO. 010953
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
______________________________
No. M2024-00267-SC-BAR-BP
BOPR No. 2022-3301-9-EF
______________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Respondent Larry E. Fitzgerald on December 12, 2022; upon Respondentâs Answer to the
Petition for Discipline on January 19, 2023; upon a Conditional Guilty Plea entered on
October 18, 2023; upon an Order Recommending Approval of Conditional Guilty Plea
entered on October 20, 2023; upon service of the Order Recommending Approval of
Conditional Guilty Plea on Mr. Fitzgerald by the Executive Secretary of the Board on
October 20, 2023; upon Order filed by Supreme Court on March 1, 2024, rejecting the
Hearing Panelâs recommendation of approval of Conditional Guilty Plea; upon a First
Amended Conditional Guilty Plea entered on May 24, 2024; Upon an Order
Recommending Approval of First Amended Conditional Guilty Plea entered on June 3,
2024; upon service of the Order Recommending Approval of First Amended Conditional
Guilty Plea on Mr. Fitzgerald by the Executive Secretary of the Board on June 3, 2024;
upon consideration and approval by the Board on June 14, 2024; 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 First Amended Conditional Guilty
Plea.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
(1) Larry E. Fitzgerald is hereby suspended from the practice of law for four (4)
years pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with two (2) years served as an active
suspension and the remainder served as a probationary suspension, the grant of which is
conditioned upon the following:
a. Throughout the probationary period of suspension, Respondent, at his
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 Respondent shall, in utilizing a Practice Monitor, comply with all
requirements as contained in Tenn. Sup. Ct. R. 9, § 12.9(c). The Practice
Monitor shall meet with Respondent monthly and assess Respondentâs
caseload, case management, timeliness of performing tasks, adequacy of
communication with clients, and accounting procedures. The Practice
Monitor shall provide a monthly written report of Respondentâs progress
to Disciplinary Counsel.
b. Respondent shall attend one of the next two scheduled Board Trust
Account Workshops. This requirement will be in addition to
Respondentâs annual CLE requirements.
c. Respondent shall engage a Certified Public Accountant (CPA) to
complete an audit and reconciliation of all firm trust accounts and provide
the results to the Board within ninety (90) days of the entry of this Order
of Enforcement. Respondent shall reconcile all firm trust accounts each
month during the period of suspension and engage a CPA to review all
trust accounts and Respondentâs reconciliation at least every six (6)
months to ensure every individualâs account is in trust and funds are
timely paid to the appropriate person.
(2) Respondent shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28,
regarding the obligations and responsibilities of suspended attorneys.
(3) In the event Respondent fails to meet or maintain any condition of probation,
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(4) Mr. Fitzgerald shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 30.4,
regarding the procedure for reinstatement.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Fitzgerald shall pay the Board
of Professional Responsibility the expenses and costs incurred to date by the Board in this
matter, including any filing fee assessed by the Court, in the amount of $1,547.00. All
costs, fees, and expenses awarded or assessed herein shall be paid within ninety (90) days
of the entry of this Order for which execution, if necessary, may issue.
(6) The Board of Professional Responsibility shall cause notice of this discipline
to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
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(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
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