aa8ef12a-6b9e-496b-adab-29d261b48b7c.pdf (2015)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (smith-2388.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: EDMUND VICTOR SMITH,BPR #26986
An Attorney Licensed to Practice Law in Tennessee
(Christian County, Kentucky)
FILED
No. M2015-01660-SC-BAR-BP
BOPR No. 2014-2388-0-AJ SEP 1 2015
Clerk of tne Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Edmund
Victor Smith on November 6, 2014; upon a Response to Petition for Discipline filed by
Mr. Smith on March 6, 2015; upon a Supplemental Petition for Discipline filed on May 4,
2015; upon a Response to Supplemental Petition for Discipline filed by Mr. Smith on
May 26, 2015; upon entry of a Conditional Guilty Plea filed by Mr. Smith on July 21,
2015; upon an Order Recommending Approval of Conditional Guilty Plea entered on
July 31, 2015; upon consideration and approval by the Board on August 11, 2015; 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 Panel's Order Recommending Approval of Conditional Guilty Plea as the
Court's Order.
On July 25, 2014, Mr. Smith was temporarily suspended by this Court pursuant to
Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2014-01412-SC-BAR-BP). To date, Mr. Smith
has not requested, nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Edmund Victor Smith is publically censured, pursuant to Tenn. Sup. Ct. R.
9, § 12.4, subject to the following conditions:
(a) Mr. Smith shall pay restitution to Johnny Miller in the amount of
$3,500.00. In the event restitution to Mr. Miller is paid by the
Tennessee Lawyers Fund for Client Protection (TLFCP), Mr. Smith
will be responsible for reimbursement to the TLFCP of the same
amount.
(b) Failure to make restitution to Mr. Miller within ninety (90) days
from the date of the Supreme Court's Order of Enforcement, or pay
TLFCP within ninety (90) days from notification that payment is
owed, shall constitute a separate violation of the Rules of
Professional Conduct and will subject Mr. Smith to disciplinary
action by the Board.
(2) Further, the Order of Temporary Suspension entered on July 25, 2014 in
Case No. M2014-01412-SC-BAR-BP is hereby dissolved.
(3) Pursuant to Tenn. Sup. Ct. R. 9,§ 31.3(d), Mr. Smith shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$212.16 and shall pay to the Clerk of this Court the costs incurred herein, within ninety
(90)days ofthe entry ofthis Order, for all of which execution may issue if necessary.
(4) The Board of Professional Responsibility shall cause notice of this
discipline to be published.
PER CURIAM
2