maloney--3030.pdf (2019)
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09/18/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ANDREW HARRISON MALONEY, BPR #028722
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
______________________
No. M2019-01472-SC-BAR-BP
BOPR No. 2019-3030-5-JM-12.3
______________________
ORDER OF TEMPORARY SUSPENSION
This matter is before the Court on a Petition of the Board of Professional
Responsibility of the Supreme Court of Tennessee, by and through Disciplinary Counsel,
for the temporary suspension of Andrew Harrison Maloney from the practice of law,
pursuant to Tenn. Sup. Ct. R. 9, § 12.3. The Petition has been authorized by the Chair of
the Board of Professional Responsibility and is supported by the Affidavit of Jennifer
Pierce, a former employee of Nashville Title Insurance Corporation, and Karen Marlin,
an auditor of Old Republic National Title Insurance Company.
Based upon the Petition and the supporting Affidavits, the Court finds that
Andrew Harrison Maloney, Respondent, has misappropriated funds and poses a threat of
substantial harm to the public as detailed by the Affidavits of Jennifer Pierce and Karen
Marlin.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
1. Andrew Harrison Maloney is hereby temporarily suspended from the
practice of law as provided in Tenn. Sup. Ct. R. 9, § 12.3.
2. Andrew Harrison Maloney shall comply with Tenn. Sup. Ct. R. 9 in all
respects and particularly as provided in Tenn. Sup. Ct. R. 9, § 28, regarding the
responsibilities of suspended attorneys.
3. Andrew Harrison Maloney is hereby enjoined from accessing the trust
account located at Synovus Bank (Account Number: XX2995) until further Order of this
Court and shall cooperate with Synovus Bank and the remaining signatories on Account
Number XX2995 to close the account and open a new trust account where funds in
Account Number XX2995 shall be transferred. This Order shall be served upon Synovus
Bank as provided in Tenn. Sup. Ct. R. 9, § 12.3(b) as an injunction to prevent said bank
from making further payment from said account on any obligation except in accordance
with the restrictions imposed by this Order. This order is not to be construed as
restricting the remaining signatories on the account from issuing checks thereon in the
ordinary course of business prior to the closing of Account Number XX2995 and transfer
of funds to the new trust account or as requiring Synovus to freeze the account. Synovus
Bank, its agents, officers, representatives, and assigns, shall not be liable to any account
signatory in connection with Synovus Bankâs compliance with this Order, including
without limitation the disbursement of funds from Account Number XX2995 to a new
trust account, or any delays in the disbursement of funds from Account Number XX2995
or any new trust account.
4. Andrew Harrison Maloney shall not open any new trust accounts at any
financial institution pending further orders from this Court.
5. Andrew Harrison Maloney shall disclose in writing to Disciplinary Counsel
the financial institutions and account numbers of all trust accounts maintained by him
within ten (10) days from entry of this Order.
6. Any and all financial institutions maintaining a trust account as disclosed
by Andrew Harrison Maloney shall be served with this Order as provided in Tenn. Sup.
Ct. R. 9, § 12.3(b) as an injunction to prevent said bank from making further payment
from said account on any obligation except in accordance with the restrictions imposed
by this Order.
7. Andrew Harrison Maloney is hereby restricted from accessing any trust
accounts that may be disclosed by him pursuant to this Order until further Order of this
Court.
8. Any and all financial institutions, including but not limited to Synovus
Bank, shall be permitted to disclose and share information relating to Andrew Harrison
Maloneyâs trust accounts with Disciplinary Counsel of the Board of Professional
Responsibility.
9. Disciplinary Counsel of the Board of Professional Responsibility shall have
full and open access to all trust accounts maintained by Andrew Harrison Maloney.
10. Andrew Harrison Maloney is hereby restrained from making any payments
from his trust account(s) or having any access to his trust account(s) whatsoever, without
the express written approval from Disciplinary Counsel.
11. Andrew Harrison Maloney shall submit all requests in writing to
Disciplinary Counsel for any access to his trust account(s).
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12. Andrew Harrison Maloney may make application for dissolution or
modification of this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3.
13. The Board of Professional Responsibility shall cause notice of this
suspension of Andrew Harrison Maloney to be published as required by Tenn. Sup. Ct. R.
9, § 28.11.
PER CURIAM
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