orfield-2851.pdf (2019)
Archived Content: This document is formally archived for historical reference.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 (orfield-2851.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.
02/19/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: HOWARD ROBERT CLYDE ORFIELD, BPR #010567
An Attorney Licensed to Practice Law in Tennessee
(Sullivan County)
_________________________
No. M2019-00278-SC-BAR-BP
BOPR No. 2018-2851-1-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Howard
Robert Clyde Orfield on April 18, 2018; upon a Motion for Default Judgment and that
Charges in Petition for Discipline Be Deemed Admitted filed on July 9, 2018; upon an
Order for Default Judgment entered August 2, 2018; upon a hearing on September 6,
2018; upon the Findings of Fact and Conclusions of Law of the Hearing Panel entered
September 17, 2018; upon service of the Findings of Fact and Conclusions of Law of the
Hearing Panel on Mr. Orfield by the Executive Secretary of the Board on September 17,
2018; upon the Boardâs Application for Assessment of Costs filed September 24, 2018;
upon the Hearing Panelâs Findings and Judgment for Assessment of Costs entered
October 10, 2018; upon service of the Hearing Panelâs Findings and Judgment for
Assessment of Costs upon Mr. Orfield on October 10, 2018; upon consideration and
approval by the Board on December 6, 2018; upon expiration of the appeal period with
no appeal taken; and upon the entire record in this cause.
From all of which the Court approves and adopts the Hearing Panelâs Findings of
Fact and Conclusions of Law as the Courtâs Order.
On October 6, 2017, Mr. Orfield was suspended from the practice of law for three
(3) years with ninety (90) days to be served as an active suspension (Case No. M2017-
01992-SC-BAR-BP). To date, Mr. Orfield has not been reinstated from this suspension.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Howard Robert Clyde Orfield is disbarred from the practice of law pursuant
to Ct. R. 9, § 12.1.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Orfield shall make restitution to Judy Fern in the amount of $1,000.00
and shall furnish to the Board of Professional Responsibility proof of restitution. In the
event restitution is made by the Tennessee Lawyerâs Fund for Client Protection (TLFCP),
Mr. Orfield shall reimburse TLFCP in the same amount.
(3) As a condition for filing a petition for reinstatement to the practice of law,
Mr. Orfield shall contact the Tennessee Lawyers Assistance Program (âTLAPâ) for
evaluation. If TLAP determines that a monitoring agreement is appropriate, Mr. Orfield
shall comply with the terms and conditions of the TLAP monitoring agreement.
(4) Additionally, Mr. Orfield 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 disbarment until the date of reinstatement; and
have remitted all court costs and Board costs in this matter.
(5) Mr. Orfield shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4(d) regarding the obligations and responsibilities of disbarred attorneys and the
procedure for reinstatement.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Orfield shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,101.23 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.
(8) 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