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FILED
FEB - 2 2016
IN THE SUPREME COURT OF TENNESSEE Clerk of the Courts
AT NASHVILLE Reed By
IN RE: JOHN EDWARD HERBISON,BPR #12659
An Attorney Licensed to Practice Law in Tennessee
(Montgomery County)
No. M2016-00196-SC-BAR-BP
BOPR No.2014-2395-6-AW
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Edward Herbison on November 17, 2014; upon Mr. Herbison's Answer filed February 4,
2015; upon the Conditional Guilty Plea filed December 8, 2015; upon the Hearing
Panel's Order Recommending Approval of Conditional Guilty Plea entered December 9,
2015; upon consideration and approval by the Board of Professional Responsibility on
January 8, 2016; and upon the entire record in this cause.
From all of which the Court accepts the recommendation ofthe Hearing Panel and
adopts the Hearing Panel's Order Recommending Approval of Conditional Guilty Plea as
the Court's Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
1. Pursuant to Tenn. Sup. Ct. R. 9, § 12.2(2014), John Edward Herbison's license to
practice law is suspended for two(2) years with sixty (60) days to be served as an
active suspension and indefinitely thereafter until restitution in the amount of
$7,500.00 is paid, and an Order reinstating Mr. Herbison is entered. Following the
active suspension period, and subject to Tenn. Sup. Ct. R. 9, § 14 (2014), Mr.
Herbison shall serve the remainder of his two (2) year suspension on probation
subject to compliance with the following conditions:
(a) Within five (5) business days of the entry of the suspension order,
Mr. Herbison shall contact Tennessee Lawyers Assistance Program(TLAP)
for an evaluation and shall comply with any monitoring agreement
recommended by TLAP.
(b) Pursuant to Tenn. Sup. Ct. R. 9, §§ 12.8 and 12.9 (2014), Mr.
Herbison, at his expense, shall engage a practice monitor, approved by the
Board, who shall meet face-to-face at least monthly and speak by telephone
at least weekly with Respondent to review his case files and office
management procedures. The practice monitor shall provide the Board with
a monthly written report which shall include at a minimum (1) assessment
of the timeliness and adequacy of Mr. Herbison's communications with
clients; (2) assessment of Mr. Herbison's basic office practices to ensure
case deadlines are being scheduled and timely met;(3)review of all written
fee agreements and assessment of Mr. Herbison's compliance with the
terms and conditions of the fee agreement;(4) mentoring of Mr. Herbison
as needed in the art of client management; and (5) recommendations and
implementation of changes in Mr. Herbison's office practices to address
any practice deficiencies.
(c) Mr. Herbison shall not, during the period of suspension and
probation, incur any new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and result in a
recommendation by the Board that discipline be imposed. In the event that
Mr. Herbison violates or otherwise fails to meet any condition of the
suspension or probation, Disciplinary Counsel shall be authorized to file a
petition to revoke Mr. Herbison's probation, and upon a finding that
revocation is warranted, Mr. Herbison shall serve the previously deferred
period of suspension.
2. Pursuant to Tenn. Sup. Ct. R. 9, § 12.7(2014), and as a condition precedent to any
reinstatement, Mr. Herbison shall make restitution to Mr. and Mrs. Anthony
Grayer in the amount of $7,500.00 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. Herbison shall
reimburse TLFCP in the same amount.
3. In the event Mr. Herbison fails to meet any condition of probation, the probation
may be revoked pursuant to Tenn. Sup. Ct. R. 9,§ 14.2(2014).
4. Prior to seeking reinstatement, Mr. Herbison must meet 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.
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5. Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective upon
entry.
6. Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Herbison, in accordance
with the Conditional Guilty Plea, shall pay to the Board of Professional
Responsibility the expenses and costs of this matter in the amount of $871.34 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.
7. The Board of Professional Responsibility shall cause notice ofthis discipline to be
published as required by Tenn. Sup. Ct. R.9, § 28.11 (2014).
PER CURIAM
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