cox-2365.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ELIZABETH CATHERINE COX,BPR #28884
An Attorney Licensed to Practice Law in Tennessee
(Sevier County)
FILED
No. M2015-00122-SC-BAR-BP JAN 30 2015
BOPR No. 2014-2365-1-AW
Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed on September
8, 2014, by the Board of Professional Responsibility ("Board"); upon the Board's Motion
for Default Judgment and that Charges in the Petition be Deemed Admitted filed on
November 12, 2014; upon an Order of Default Judgment entered by the Hearing Panel on
December 15, 2014; upon an Answer to Petition for Discipline filed by Ms. Cox on
December 29, 2014; upon a Petition to Set Aside Default Judgment filed by Ms. Cox on
December 29, 2014; upon Response of Board in Opposition to Petition to Set Aside
Default Judgment filed on January 6, 2015; upon an Order Overruling Petition to Set
Aside Default Judgment entered on January 8, 2015; upon a Conditional Guilty Plea filed
by Ms. Cox on January 13, 2015; upon an Order Recommending Approval of
Conditional Guilty Plea entered on January 14, 2015; upon the consideration and
approval of the Board on January 15, 2015; and upon the entire record in this case.
On February 3, 2014, Ms. Cox was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 4.3 for failure to respond to the Board concerning a complaint of
misconduct (Docket No. M2014-00200-SC-BAR-BP). Ms. Cox has not requested, nor
been granted, reinstatement.
From all of which the Court approves the Conditional Guilty Plea executed by Ms.
Cox and the Hearing Panel's Order Recommending Approval of Conditional Guilty Plea
approved by the Board of Professional Responsibility and adopts the same 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, § 4.2 (2006) and Tenn. Sup. Ct. R. 9, §
12.2 (2014), Elizabeth Catherine Cox is suspended from the practice of law for three (3)
years retroactive to February 3, 2014, with one (1) year to be served on active suspension
and the remaining two (2) years served on probation subject to the following conditions:
(a) Ms. Cox, at her cost, shall engage the services of a Practice Monitor
who shall be selected and approved in accordance with Tenn. Sup. Ct. R. 9,
§ 12.9 (c)(2014). The Practice Monitor shall (1) assess Ms. Cox's office
management procedures and institute changes as needed;(2) meet with Ms.
Cox monthly to review basic office practices to ensure case deadlines are
being scheduled and met; (3) meet with Ms. Cox monthly to review the
timeliness and adequacy of communication with clients; (4) mentor Ms.
Cox as needed in the legal customs learned through experience and the
exercise of sound and reasoned judgment; (5) speak with Ms. Cox by
telephone at least weekly and report any substantial or material practice
problem to the Board; and (6) provide a written report of Ms. Cox's
progress to Disciplinary Counsel for the Board on a monthly basis during
the first six months of probation and quarterly thereafter.
(b) Ms. Cox shall not, during the period of probation, incur any new
complaints of misconduct that relate to conduct occurring during the period
of probation and result in a recommendation by the Board that discipline be
imposed. In the event that Ms. Cox violates or otherwise fails to meet said
condition of probation, Disciplinary Counsel shall be authorized to file a
petition to revoke Ms. Cox's probation, and upon a finding that revocation
is warranted, Ms. Cox shall serve the previously deferred period of
suspension.
(c) Ms. Cox shall pay restitution of $2,000.00 to Thomas and Gary Blazer
and $600.00 to Stoney and Frances Cockream within one (1) year of the
entry of the Order of Enforcement. In the event the ordered restitution is
paid by the Tennessee Lawyers Fund for Client Protection (TLFCP), Ms.
Cox shall reimburse TLFCP the amount so paid.
(d) Ms. Cox shall contact TLAP for an evaluation and, if recommended,
enter into a monitoring agreement.
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(2) Ms. Cox shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 18 (2006)
and § 30.4 (2014) regarding the obligations and responsibilities of suspended attorneys
and the procedure for reinstatement.
(3) Upon entry of this Order, the Order of Temporary Suspension entered
February 3, 2014, is hereby dissolved.
(4) Prior to reinstatement, Ms. Cox must meet all CLE requirements, pay all
outstanding registration fees from the date of suspension through reinstatement, and
submit all required IOLTA certifications.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon date of entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Ms. Cox shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $676.88 and shall pay to the Clerk ofthis Court the costs incurred herein, within ninety
(90) days of the entry of this Order, for all of which execution may issue if necessary.
(7) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
PER CURIAM
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