foy-3050.pdf (2020)
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08/17/2020
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ROBERT JOHN FOY, BPR #025919
An Attorney Licensed to Practice Law in Tennessee
(Rutherford County)
_________________________
No. M2020-01079-SC-BAR-BP
BOPR No. 2019-3050-4-TL
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Robert
John Foy on November 7, 2019; upon a Supplemental Petition for Discipline filed
January 24, 2020; upon entry of a Conditional Guilty Plea filed by Mr. Foy on May 15,
2020; upon an Order Recommending Approval of Conditional Guilty Plea entered on
May 20, 2020; upon the denial of the first Guilty Plea by the Board on June 12, 2020;
upon entry of a second Conditional Guilty Plea filed by Mr. Foy on June 12, 2020; upon
an Order Recommending Approval of Conditional Guilty Plea entered on July 13, 2020;
upon service of the Order Recommending Approval of Conditional Guilty Plea by the
Executive Secretary of the Board on July 13, 2020; upon consideration and approval of
the second Conditional Guilty Plea by the Board on July 22, 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.
On July 3, 2019, Mr. Foy was temporarily suspended by this Court, pursuant to
Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2019-01187-SC-BPR-BP). Mr. Foy has neither
sought nor been granted dissolution of the temporary suspension.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, Robert John Foy is hereby
suspended from the practice of law for a period of seven (7) years, with five
(5) years served as an active suspension, and the remainder served on
probation, subject to the following conditions of probation:
(a) Mr. Foy shall continue his current TLAP monitoring agreement
during the term of his suspension and probation and follow any and
all recommendations of TLAP. Further, Mr. Foy shall execute, as
needed, an appropriate authorization for TLAP to communicate with
the Board regarding his monitoring agreement.
(b) Mr. Foy, 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. Foy monthly and
assess his case load, timeliness of tasks, adequacy of communication
with his clients, and his accounting procedures. The practice monitor
shall provide a monthly written report of Mr. Foyâs progress to
Disciplinary Counsel.
(c) Mr. Foy shall attend the Boardâs trust accounting workshop.
(d) During the period of active suspension and probation, Mr. Foy 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. Foy 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. Foy 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. Foy 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) Further, the Order of Temporary Suspension entered on July 3, 2019, in
M2019-01187-SC-BAR-BP is hereby dissolved.
(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. Foy shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the
amount of $1,371.05 and shall pay to the Clerk of this Court the costs
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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
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