harris-2785.pdf (2020)
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05/01/2020
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DAVID DWAYNE HARRIS, BPR #032607
An Attorney Licensed to Practice Law in Tennessee
(Williamson County)
_________________________
No. M2020-00654-SC-BAR-BP
BOPR No. 2017-2785-6-KH
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against David
Dwayne Harris on November 8, 2017; upon Answer to Petition for Discipline filed by
Mr. Harris on October 30, 2019; upon entry of a Conditional Guilty Plea filed by Mr.
Harris on February 28, 2020; upon an Order Recommending Approval of Conditional
Guilty Plea entered on March 4, 2020; upon service of the Order Recommending
Approval of Conditional Guilty Plea by the Executive Secretary of the Board dated
March 4, 2020; upon consideration and approval by the Board on March 13, 2020; 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, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) David Dwayne Harris is suspended from the practice of law for two (2)
years, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with sixty (60) days active suspension and
the remainder on probation, subject to the following conditions of probation:
(a) Within the first year of suspension, Mr. Harris shall be required to
make restitution to the following individuals pursuant to Tenn. Sup.
Ct. R. 9, §12.7. In the event restitution is made by the Tennessee
Lawyerâs Fund for Client Protection (âTLFCPâ), Mr. Harris will be
responsible for reimbursement to the TLFCP in the same amount:
i. $3,500 to Shannon Mayes
ii. $5,000 to Alysia Ogbeiwi
iii. $1,500 to Teddy Howell
(b) During the period of active suspension and probation, Mr. Harris
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.
(2) In the event Mr. Harris 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, Mr. Harris 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, Mr. Harris 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), Mr. Harris shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$628.16 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
2