boyd-2638-1-order-of-enforcement-suspended-3-year-120-days-to-be-served-as-an-active-suspension.pdf (2018)
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01/10/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DANIEL GRAHAM BOYD, BPR #22448
An Attorney Licensed to Practice Law in Tennessee
(Hawkins County)
_________________________
No. M2017-02555-SC-BAR-BP
BOPR No. 2016-2638-1-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Daniel
Graham Boyd on October 3, 2016; upon the Answer to Petition for Discipline filed by
Mr. Boyd on January 5, 2017; upon a Supplemental Petition for Discipline filed on April
18, 2017; upon a Response to Supplemental Petition for Discipline filed on June 1, 2017;
upon entry of a Conditional Guilty Plea filed by Mr. Boyd on September 20, 2017; upon
an Order Recommending Approval of Conditional Guilty Plea entered on September 29,
2017; upon consideration and approval by the Board on December 8, 2017; 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.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Daniel Graham Boyd is suspended for three (3) years, with one hundred-
twenty (120) days to be served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9, §
12.2, and the remainder to be served on probation, pursuant to Tenn. Sup. Ct. R. 9, §
14.1, subject to the following conditions of probation:
(a) Mr. Boyd shall engage a practice monitor for the entire period of
probation who shall be selected and approved in accordance with
Tenn. Sup. Ct. R. 9, § 12.9(c). Mr. Boyd shall provide a list of
potential practice monitors for selection by the Board within fifteen
(15) days of entry of this order.
(b) The Practice Monitor shall meet with Mr. Boyd monthly and assess
Mr. Boydâs case load, case management, timeliness of performing
tasks and adequacy of communication with clients and provide a
monthly written report of Mr. Boydâs progress to Disciplinary
Counsel.
(c) No later than thirty (30) days after the execution of the Conditional
Guilty Plea, Mr. Boyd shall contact the Tennessee Lawyers
Assistance Program (TLAP) for evaluation. If TLAP determines
that a monitoring agreement is appropriate, Mr. Boyd shall comply
with the terms and conditions of the TLAP monitoring agreement.
Mr. Boyd shall give TLAP permission to communicate with the
Board regarding any monitoring agreement.
(d) In addition to the required fifteen hours of continuing legal
education, Mr. Boyd shall obtain an additional six hours per year for
three years in the areas of ethics and/or practice management and
shall provide proof of attendance to Disciplinary Counsel.
(e) During the period of suspension and probation, Mr. Boyd 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. Boyd 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. Boyd 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.
(4) Additionally, Mr. Boyd 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) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Boyd shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,056.08 and shall pay to the Clerk of this Court the costs incurred herein, within ninety
(90) days of the entry of this Order, for all of which execution may issue if necessary.
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(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.
PER CURIAM
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