BOARD OF PROFESSIONAL RESPONSIBILITY (2004)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367-2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: EARNEST E. FIVEASH, JR., BPR #10769
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
January 3, 2003
LAW LICENSE OF MEMPHIS ATTORNEY SUSPENDED
On December 31, 2002, the Supreme Court of Tennessee entered an order
suspending the law license of Earnest E. Fiveash, Jr., for a period of four months
beginning January 1, 2003.
Fiveash agreed to act as a fiduciary and to hold in safekeeping a wire transfer from
an investor in an investment scheme offered by his client. The investor was under the
impression that Fiveash was only allowed to remove the funds against the exchange of a
prescribed security. Thereafter Fiveash wired money from his trust account to Spain
including the $500,000.00 which was the investorâs money. The investor then complained
that he received neither any part of the security nor return of his funds. Fiveash used his
trust account to facilitate an investment fraud in violation of DR 1-102(A)(1)(2)(3)(4)(5)(6)
and DR 9-102(A)(B) of the Code of Professional Responsibility.
Disciplinary Counsel filed a petition for discipline pursuant to Rule 9, Rules of the
Supreme Court of Tennessee. Mr. Fiveash submitted a conditional guilty plea pursuant to
Section 16.1 of Tennessee Supreme Court Rule 9 in exchange for a stated form of
discipline. The stated form of discipline shall be that Fiveash shall be suspended from the
practice of law for a period of four months; and shall, at his cost, attend the Board of
Professional Responsibilityâs Ethics Workshop for the year 2003; and shall have a monitor
acceptable to Disciplinary Counsel who shall monitor his trust account for a period of one
year with quarterly reports to Disciplinary Counsel on March 1, 2003; June 1, 2003;
September 1, 2003, and January 1, 2004. The Supreme Court further ordered that
Fiveash shall pay the cost of the matter.
This disciplinary matter was held pursuant to Supreme Court Rules 8 and 9. This
suspension shall remain in effect until May 1, 2003.
From January 1, 2003 until May 1, 2003, Mr. Fiveash shall not use any indicia of
lawyer, legal assistant or law clerk, nor maintain a presence where the practice of law is
conducted. Section 18 of Tennessee Supreme Court Rule 9 requires Mr. Fiveash to notify
all clients that are being represented in pending matters; all counsel and opposing counsel
of the Supreme Courtâs order suspending him. Section 18 also requires Mr. Fiveash to
deliver to all clients all papers or property to which they are entitled.
LLC:mw
Fiveash 1119 rec.doc