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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN LYNDON LOWERY,BPR #16195
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
FILED
No. M2016-01241-SC-BAR-BP JUN 2 4 2016
No. M2016-01242-SC-BAR-BP
BOPR No. 2014-2380-5-WM Clerk of the Courts
Rec'd By
BOPR No. 2016-2593-5-WM(22.3)
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Lyndon Lowery on October 7, 2014; upon Answer of Respondent filed by Mr. Lowery
on November 21, 2014; upon a Supplemental Petition for Discipline filed on January 5,
2016; upon Response to Supplemental Petition for Discipline filed on February 9, 2016;
upon the Second Supplemental Petition for Discipline filed on March 18, 2016; upon
entry of a Conditional Guilty Plea filed by Mr. Lowery on April 15, 2016; upon an Order
Recommending Approval of Conditional Guilty Plea entered on April 18, 2016; upon
consideration and approval by the Board on June 10, 2016; and upon the entire record in
this cause. This matter is also before the Court upon a Notice of Submission pursuant to
Tenn. Sup. Ct. R. 9, § 22.3 (2014).
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
On May 28, 2015, Mr. Lowery was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 12.3 (2014) (Case No. M2015-00956-SC-BAR-BP). On
September 29, 2015, Mr. Lowery was administratively suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 26 (2014)(ADM2015-00008). To date, Mr. Lowery has not
been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Mr. Lowery is disbarred, pursuant to Tenn. Sup. Ct. R. 9, §§ 4.1 (2006) and
12.1 (2014).
(2) Pursuant to Tenn. Sup. Ct. R. 9, §§ 4.7 (2006) and 12.7 (2014), and as a
condition precedent to any reinstatement, Mr. Lowery shall make restitution to the
following individuals and shall furnish to the Board of Professional Responsibility proof
of restitution. In the event restitution is made by the Tennessee Lawyer's Fund for Client
Protection(TLFCP), Mr. Lowery shall reimburse TLFCP in the same amount:
(a) Lucas Routh and Nancy Routh - $12,681.99
(b) Nicole Short - $6,000.00
(c) John and Rose Dumont - $80,000.00
(d) Erin and John Johnston - $25,000.00
(e) Robert and Christine Andrews - $95,000.00
(f) Tiffany Melton - $20,000.00
(g) Alvin Sink - $35,000.00
(h) Kristie Dyer - $8,000.00
(i) Ashley Andrews - $16,666.67
(3) Prior to seeking reinstatement, Mr. Lowery must meet all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Mr. Lowery shall comply in all aspects with Term. Sup. Ct. R. 9, §§ 18
(2006) and 28(2014)regarding the obligations and responsibilities of disbarred attorneys.
(5) Mr. Lowery shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 30.4(d)
regarding the procedure for reinstatement.
(6) Further, the Order of Temporary Suspension entered on May 28, 2015, in
Case No. M2015-00956-SC-BAR-BP is hereby dissolved. The Order of Administrative
Suspension entered on September 29, 2015, in Case No. ADM2015-00008 shall remain
in effect.
(7) This disbarment shall be in lieu of the suspension provided for by Tenn.
Sup. Ct. R. 9, § 22.3 (2014), as a result of Mr. Lowery's pleas of guilty to theft and
forgery, and the Court declines to refer the matter to the Board for the institution of any
formal proceeding as a result ofthe Notice of Submission.
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(8) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(9) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Lowery shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $1,020.36 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.
(10) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
PER CURIAM
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