officer-2774-order-of-enforcement-3-11-21.pdf (2021)
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03/11/2021
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ALBERT FITZPATRICK OFFICER, III, BPR #011629
An Attorney Licensed to Practice Law in Tennessee
(Putnam County)
_________________________
No. M2021-00232-SC-BAR-BP
BOPR No. 2017-2774-4-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Albert
Fitzpatrick Officer, III on October 9, 2017; upon a Supplemental Petition for Discipline
filed January 4, 2018; upon Mr. Officerâs Answer to the Petition for Discipline filed
January 9, 2018; upon Mr. Officerâs Answer to the Supplemental Petition for Discipline
filed June 6, 2018; upon a Second Supplemental Petition for Discipline filed February 6,
2019; upon Mr. Officerâs Answer to the Second Supplemental Petition for Discipline filed
August 15, 2019; upon entry of a Conditional Guilty Plea filed by Mr. Officer on January
19, 2021; upon an Order Recommending Approval of Conditional Guilty Plea entered on
January 25, 2021; upon service of the Order Recommending Approval of Conditional
Guilty Plea by the Executive Secretary of the Board on January 26, 2021; upon
consideration and approval of the Conditional Guilty Plea by the Board on February 4,
2021; 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) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, Albert Fitzpatrick Officer, III is
suspended from the practice of law for a period of six (6) years with six (6)
months served as an active suspension, and the remainder served on
probation, subject to the following conditions of probation:
(a) Mr. Officer shall continue his current TLAP monitoring agreement
during the term of his suspension and probation and follow all
recommendations of TLAP. Mr. Officer may only apply for
reinstatement after his active suspension after being certified by
TLAP as suitable to practice law. Further, Mr. Officer shall execute,
as needed, an appropriate authorization for TLAP to communicate
with the Board regarding his monitoring agreement.
(b) Mr. Officer, at his cost, shall engage a practice monitor who shall be
selected and approved in accordance with Tenn. Sup. Ct. R. 9, §
12.9(c). The practice monitor shall meet with Mr. Officer monthly and
assess his case load, timeliness of tasks, adequacy of communication
with his clients, and his accounting procedures. Mr. Officer shall not
accept any clients in drug related criminal cases without authorization
by the practice monitor. The practice monitor shall provide a monthly
written report of Mr. Officerâs progress to Disciplinary Counsel.
(c) During the period of active suspension and probation, Mr. Officer
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.
(d) Mr. Officer shall make restitution to Karen Yohe in the amount of
$1,250.00.
(2) In the event Mr. Officer 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. Officer 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. Officer 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.
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(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Officer shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the
amount of $397.98 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
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